IN THE CASE OF:	  

		BOARD DATE:	    27 July 2011

		DOCKET NUMBER:  AR20110001313 


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 item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM), "Korean Occupation," and that he served on temporary duty (TDY) in France.

2.  He states, in effect, his DD Form 214 is incomplete and he should receive what he earned.  He further states all of his records were destroyed in a house fire.

3.  He provides:

* correspondence between him and the National Personnel Records Center (NPRC)
* a DD Form 214 altered with handwritten entries
* a Certification of Military Service
* special orders 
* a DD Form 44 (Record of Military Status of Registrant)
* a DD Form 1270 (Transfer or Release to Reserve Component of the Army)
* a DD Form 345 (Armed Forces Liberty Pass)




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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant.

3.  The applicant enlisted in the Regular Army on 24 February 1954.  He was trained in and awarded military occupational specialty 555.10 (Stevedore).  He was honorably released from active duty on 25 March 1957 after completing 3 years, 1 month, and 2 days of total active service.  

4.  The DD Form 214 he provides shows in:

* item 24c (Foreign and/or Sea Service) - 1 year, 5 months, and 25 days
* item 26  - National Defense Service Medal and Marksman Marksmanship Qualification Badge with Carbine Bar

5.  Item 26 of his DD Form 214 also contains the following handwritten notations, likely added by the applicant:  "GOOD CONDUCT - KOREAN OCP. - TDY FRANCE."

6.  Except for the handwritten entry on his DD Form 214, the available records do not show he served on TDY in France.

7.  The DD Form 345 he provides shows he was given a pass in October 1955.  The form shows he was assigned to Headquarters Detachment, Inchon [Korea] Port, 8132d Army Unit.

8.  The available records do not show the beginning and end dates of his service in Korea.
9.  He provides Special Orders Number 75, issued by Headquarters, 11th Transportation Battalion (Terminal), Fort Eustis, VA, dated 26 December 1956, awarding him the AGCM for his service from 24 February 1954 to 23 February 1957.  

10.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary, or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Japan Clasp for the Army of Occupation of Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) 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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) 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 or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  

12.  Army Regulation 600-8-22 does not show any decorations authorized for service in France during the period the applicant served.

13.  Special Regulation 615-360-1 (Enlisted Personnel - Separation of Enlisted Personnel), in effect at the time, provided the standardized policy for preparing and distributing the DD Form 214.  The regulation did not provide for an entry on the DD Form 214 showing when or where a Soldier had served on temporary duty.  The regulation provided that item 24c would show total service outside the continental limits of the United States during the current term of service.  

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the AGCM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant was serving in Korea in October 1955 and served for 1 year, 5 months, and 25 days outside the continental limits of the United States.  Based on this evidence, it is reasonable to presume he was assigned to a unit operating in Korea for 30 consecutive days.  Therefore, he is entitled to correction of his record to show the KDSM.

3.  He enlisted in the Regular Army several years after the end of the period of eligibility for the Army of Occupation Medal with Japan Clasp for the Army of Occupation of Korea.  Therefore, he is not entitled to correction of his DD Form 214 to show the Army of Occupation Medal with Japan Clasp for service in the Army of Occupation of Korea. 

4.  The governing regulation did not provide for a separate entry on the DD Form 214 showing TDY service.  In the absence of evidence showing otherwise, it must be presumed this service was included in the total foreign service shown in item 24c of his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show he served on TDY in France.  

BOARD VOTE:

__X_____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 the AGCM and KDSM to item 26 of his DD Form 214.

2.  The Board further determined that 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 "Korean Occupation" and TDY service in France.  



      ___________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)                                         AR20110001313





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ABCMR Record of Proceedings (cont)                                         AR20110001313



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