IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110006437
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:
* award of the Korean Service Medal and the United Nations Service Medal
* he earned a General Education Development (GED) diploma
2. The applicant states his record does not show he is a Korean War Veteran.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Three letters
* A military test report
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 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 the applicants 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. Item 29 (Other Service Training Courses Successfully Completed) of his DD Form 214 already shows the applicant successfully completed the high school GED test in 1955. Therefore, this issue will not be addressed further in this Record of Proceedings.
4. The applicant's records show he enlisted in the Regular Army on 25 May 1954 and he held military occupational specialty 565.10 (Marine Diesel). He served in Korea from on or about 6 January 1955 to on or about 6 April 1956.
5. He was honorably released from active duty on 24 May 1957. The DD Form 214 he was issued shows he completed 3 years of creditable active service.
6. A DD Form 215 (Correction to DD Form 214), dated 17 September 1975, corrected item 24c (Foreign and/or Sea Service) of his DD Form 214 to show 1 year, 3 months, and 5 days of foreign service.
7. 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.
8. Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Korea from 6 January 1955 to 6 April 1956. This period of service in Korea was after the Korean War and does not qualify him for award of the Korean Service Medal or the United Nations Service Medal.
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) AR20110006437
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ABCMR Record of Proceedings (cont) AR20110006437
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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