IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110002338
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards and decorations.
2. The applicant states he was assigned to Headquarters and Service Company, 73rd Tank Battalion in Korea and he believes he is entitled to both individual and unit awards.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
26 January 1955 for a period of two years. He was honorably released from active duty on 11 January 1957 and he was transferred to the U.S. Army Reserve, Indiana Military District, to complete his remaining service obligation. He completed 1 year, 11 months, and 16 days of total active service, which includes 1 year, 2 months, and 21 days was foreign service. His DD Form 214 shows in:
a. item 12 (Last Duty Assignment and Major Command) he was assigned to Headquarters and Service Company, 73rd Tank Battalion; and
b. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Army Good Conduct Medal.
4. The history of the 73rd Armor Battalion shows the 76th Tank Battalion was constituted on 13 January 1941; reorganized and redesignated as the 73rd Tank Battalion on 14 July 1950; arrived in Korea on 8 August 1950; and inactivated in Korea on 1 July 1957.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in the Korean Conflict. This document fails to show that the 73rd Tank Battalion was awarded any unit awards during the period of the applicant's assignment to the battalion.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Korea Defense Service Medal 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was assigned to Headquarters and Service Company, 73rd Tank Battalion in Korea and that he served overseas for 1 year, 2 months, and 21 days.
2. There is no evidence that shows the applicant's unit was awarded any unit awards during the period of service under review. Therefore, he is not entitled to correction of his DD Form 214 to show any unit awards.
3. The evidence of record shows the applicant served a qualifying period of service in Korea for the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this service medal.
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 item 26 of his DD Form 214 the Korea Defense Service Medal.
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 adding any unit awards 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.
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