IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100025571
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards he is authorized to include those for his service in Korea.
2. He states that he believes he is entitled to awards and decorations that do not appear on his DD Form 214 specifically for his service in Korea.
3. He provides no additional evidence.
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 applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 9 April 1958, for 3 years. He served in military occupational specialty 640 (Light Vehicle Driver). He served in Korea from 28 September 1958 through 23 September 1959. He was assigned to the Military Police Detachment from 29 September 1958 to 22 January 1959 and the U.S. Army Ascom Area Command from 23 January to 18 September 1959.
3. On 17 March 1961, he was honorably released from active service for the convenience of the government, and transferred to the U.S. Army Reserve, in pay grade E-4. He was credited with completing 2 years, 11 months, and 9 days of active service.
4. Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:
* Marksman Marksmanship Qualification Badge with Carbine and Pistol (.45 caliber)
* Good Conduct Medal
5. 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 served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
6. Army Regulation 600-8-22 also states the National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal. He also completed a qualifying period of active service for award of the National Defense Service Medal. Therefore, it would be appropriate to add these medals to his DD Form 214 at this time.
2. There is no evidence to support that the applicant is authorized any other awards.
3. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Korea Defense Service Medal and National Defense Service Medal to Item 26 of the applicant's DD Form 214 and providing him a document showing these changes.
_______ _ __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) AR20100025571
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ABCMR Record of Proceedings (cont) AR20100025571
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