IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110000378
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 date of birth (DOB) be corrected from 29 May to 25 May and he be awarded the Far East Ribbon, or in effect the Korea War Service Medal.
2. The applicant states the documents he provides will verify his DOB and his entitlement to this ribbon.
3. The applicant provides a notification of birth registration which shows his DOB as 25 May.
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 show that he enlisted in the Regular Army on 27 October 1948, served in Company C, 17th Infantry Regiment in Korea from 18 March 1949 to 21 July 1950, and was then hospitalized in Tokyo.
3. He was honorably retired on 31 January 1951 due to permanent disability.
4. All of the documents in the applicant's records which contain a DOB, including his enlistment record and application for national service life insurance, shows his DOB as 29 May.
5. Army Regulation 600-8-22 (Military Awards) states that the Asiatic-Pacific Campaign Medal was established by Executive Order 9265 (War Department Bulletin 56, 6 November 1942), as amended by Executive Order 9706, 15 March 1946. It is awarded for service with the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946.
6. Army Regulation 600-8-22 states the Korean Service Medal (KSM) was established by Executive Order 10179, dated 8 November 1950, as amended by Executive Order 13286, 28 February 2003. It is awarded for service between 27 June 1950 and 27 July 1954. Based on the applicant's dates of assignment in Korea, he is entitled to one bronze service star (BSS) for his participation in the UN Defensive 1950 Campaign.
7. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (KWSM) was originally offered to the Armed Forces of the United States by the Ministry of Defense, Republic of Korea, on 15 November 1951. On 20 August 1999, the Assistant Secretary of Defense (Force Management Policy) approved the acceptance and wear of the medal for veterans of the Korean War. It is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the absence of a showing of material error or injustice, those records should not be changed.
3. In the applicant's case the records reflect the correct DOB under which military service was performed.
4. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
5. While there is no Far East Command Ribbon, the applicant is entitled to the KWSM and the KSM with 1 BSS for his service in Korea.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 to his DD Form 214 the KWSM and the KSM with 1 BSS.
2. The Board further determined that the evidence presented was 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 his DOB.
___________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) AR20110000378
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