BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100023322
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the Korea Defense Service Medal.
2. The applicant states he was in Korea during the Korean War. He feels he should have been awarded the Korea Defense Service Medal.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. The only record available is his DD Form 214.
3. He was inducted into the Army of the United States on 3 December 1953. He completed basic combat and advanced individual training and he was awarded military occupational specialty 640 (Light Vehicle Driver).
4. Item 26 (Foreign and/or Sea Service) of his DD Form 214 shows he had
9 months and 10 days of foreign and/or sea service. However, there are no records available to show the country he served in, the unit(s) he was assigned to, or the dates he was assigned to the units.
5. On 29 November 1955, he was released from active duty. He completed
1 year, 11 months, and 24 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the National Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
Although the applicant's DD Form 214 shows he served 9 months and 10 days of foreign and/or sea service, there are no records available to show the country he served in, the unit(s) he was assigned to, or the dates he was assigned to the units. Therefore, there is insufficient basis on which to authorize the Korea Defense Service Medal for the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100023322
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ABCMR Record of Proceedings (cont) AR20100023322
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