IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100024387
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 27 November 1954, to show award of the Korean Service Medal with two bronze service stars and the United Nations Service Medal.
2. The applicant states his DD Form 214 does not show these two awards.
3. The applicant provides copies of two special orders dated 20 March and
14 July 1953.
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. On 1 May 1951, the applicant was called to active duty as a National Guard Soldier. On 27 November 1951 he was discharged for the purpose of immediate reenlistment in the Regular Army. He remained on active duty through a series of reenlistments until his retirement for length of service on 31 March 1971.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31(Foreign Service): 13 February 1953 to 31 July 1956, Armed Forces, Far East, Japan;
b. Item 38 (Record of Assignments): Battery D, 53rd Anti-Aircraft Artillery (AAA) Gun Battalion, APO 929, 19 January 1953 to 9 September 1956; and
c. Item 41 (Awards and Decorations):
* National Defense Service Medal [two awards]
* Armed Forces Expeditionary Medal for Taiwan
* Good Conduct Medal [6 awards]
4. The applicant's DD Forms 214 show for the periods indicated:
a. 1 May to 27 November 1951: No awards;
b. 28 November 1951 to 27 November 1954: document not available;
c. 28 November 1954 to 27 November 1960: Good Conduct Medal (3 awards) and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar;
d. 28 November 1960 to 27 November 1964: Good Conduct Medal with 4 loops and the Expert Marksmanship Qualification Badge with Carbine Bar; and
e. 28 November 1964 to 31 March 1971: National Defense Service Medal (two awards), Armed forces Expeditionary Medal, Good Conduct Medal (six awards), and the Army Commendation Medal
5. The two special orders provided by the applicant direct his reassignment within the 40th AAA Brigade.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal to Soldiers who performed duty on permanent assignment; on temporary duty for 30 consecutive days, or 60 nonconsecutive days; or were in active combat against the enemy and were awarded a combat decoration or an individual certificate by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit. The regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954, under any of the following conditions:
a. within the territorial limits of Korea or in waters immediately adjacent thereto;
b. with a unit under the operational control of the Commander-in-Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander-in-Chief, Far East, as having directly supported the military efforts in Korea; or
c. was furnished an individual certificate by the Commander-in-Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.
7. Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 effective
27 November 1954, should be corrected to show award of the Korean
Service Medal with two bronze service stars and the United Nations Service Medal.
2. The available evidence of record shows that the applicant was assigned to the 53rd AAA Battalion, located in Japan during the period from 13 February 1953 to 31 July 1956. However, there is no available evidence showing that his unit directly supported the military efforts in Korea during 1953 and 1954.
3. In view of the above, the applicant's request should be denied.
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) AR20100024387
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ABCMR Record of Proceedings (cont) AR20100024387
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