IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110002073
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 award of the Korean Service Medal.
2. The applicant states:
* He was stationed in Okinawa in 1953 assigned to the 1st Battalion, 29th Regimental Combat Team
* He recently read an article in the Veterans of Foreign Wars (VFW) magazine that said he should have received the Korean Service Medal for that duty
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A VFW article titled "Take Pride in Your Korean Service Medal"
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. He enlisted in the Regular Army (RA) on 11 September 1950. On
4 September 1951, he was honorably discharged for immediate reenlistment. He reenlisted on 5 September 1951.
3. His DA Form 20 (Enlisted Qualification Record) shows he served as a mess steward assigned to Company A, 29th Infantry Regiment in Okinawa from
6 December 1953 to 27 January 1955. He served as a mess steward assigned to Company C, 75th Infantry Regiment in Okinawa from 28 January 1955 to
7 February 1956. He served as a mess steward assigned to Company M, 75th Infantry Regiment in Okinawa from 8 February 1956 to 24 February 1956.
4. He was honorably discharged on 17 July 1956 for immediate reenlistment. He reenlisted on 18 July 1956. He served in Korea from October 1956 to November 1957. On 17 July 1959, he was honorably discharged.
5. He reenlisted in the RA on 29 July 1959 and remained on active duty through continuous reenlistments until he retired on 28 February 1971 in the rank of sergeant first class.
6. His DD Forms 214 do not show the Korean Service Medal as an authorized award.
7. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he served in Okinawa from 4 December 1953 to
24 February 1956. He served in Korea from 2 October 1956 to 29 November 1957.
8. There is no evidence of record which shows he served in Korea during the period 27 June 1950 to 27 July 1954.
9. There is no evidence of record which shows the applicant's unit served in direct support of operations in Korea.
10. In support of his claim, he provided a VFW article which pertains to the Korean Service Medal. The article states, in pertinent part, the Korean Service Medal covers the period 27 June 1950 to 27 July 1954 and "It includes service within the Far East Command - Korea, combat flight crews based on Japan and Okinawa, and ships in the Sea of Japan and the Yellow Sea."
11. Army Regulation 600-8-22 (Military Awards) states 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.
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.
DISCUSSION AND CONCLUSIONS:
1. He contends he is eligible for the Korean Service Medal for his service in Okinawa in 1953.
2. Evidence shows he served as a mess steward while assigned to Company A, 29th Infantry Regiment during his 1953/1954 assignment in Okinawa. There is no evidence of record and the applicant has provided no evidence which shows he served a period of qualifying service in Korea or that while serving in Okinawa he served in direct support of operations in Korea. Regrettably, there is insufficient evidence on which to base award of the Korean Service Medal in this case.
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) AR20110002073
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