BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100029845
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to add his Korean service and any medals he should have received for his service in Korea.
2. The applicant states his Korean service and service medals were not included on his DD Form 214.
3. The applicant provides excerpts from his military records and a military history.
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 applicant's 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 applicant's 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 could not be located and are presumed to have been destroyed in the fire at the records repository in St. Louis, Missouri, in 1973. However, the records provided by the applicant are sufficient to consider his request.
3. The applicant's military records show he was inducted into the Army of the United States on 18 February 1954 and was promoted to the rank of specialist three.
4. On 25 October 1955, General Orders Number 20 awarded the applicant the Army Good Conduct Medal (AGCM). These orders were published by the 51st Signal Battalion, APO 358 [Uijongbu, Korea].
5. The Korea Defense Service Medal (KDSM) is authorized to members of the Armed Forces who served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. 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 areas.
6. Army Regulation 635-5-1 (Separation Documents) contains no provisions to list foreign service tours on a DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's AGCM orders confirm he was assigned to Korea during a time which would authorize him the KDSM. As such, it would be appropriate to now add that medal to his DD Form 214.
2. Since there are no provisions to enter foreign service tours on a DD Form 214, there is no basis to add the applicant's Korean service to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KDSM to his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding his Korean service to his DD Form 214.
___________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) AR20100029845
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ABCMR Record of Proceedings (cont) AR20100029845
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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