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ARMY | BCMR | CY2011 | 20110010338
Original file (20110010338.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    8 November 2011

		DOCKET NUMBER:  AR20110010338 


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 reconsideration of his earlier request for award of the Korea Defense Service Medal.

2.  The applicant states the Board was originally unsure of his exact dates of service in the Far East.  He recently found documentation that supports his contention that he was in Korea on 14 November 1956.

3.  The applicant provides:

* hunting authorization/permit
* firearm purchase notification letter

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090002241 on 25 June 2009.

2.  The applicant submits an authorization permit to hunt large game and a firearm purchase notification that were not previously considered by the Board.  They are considered new evidence and, although not received within 1 year, they will be considered by the Board as an exception to policy.

3.  The applicant's 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 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.

4.  His reconstructed record shows he enlisted in the Regular Army on 28 January 1955 and he held military occupational specialty 671.10 (Airplane Mechanic).  He completed 3 years of creditable military service of which 1 year, 4 months, and 21 days were foreign service.

5.  Section I (Appointments, Promotions, or Reductions) of his DA Form 24 (Service Record) shows he was promoted to the rank of specialist three on 24 July 1956 under the authority of Orders Number 33 issued by Headquarters Company, 304th Signal Battalion.

6.  He was honorably released from active duty on 27 January 1958.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar and the Good Conduct Medal.

7.  Item 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Army Forces Far East Command from 26 October 1955 to 18 March 1957.

8.  He submitted the following:

	a.  Permit Number 1434 issued by the Office of the Provost Marshal, Headquarters, Seoul Area Command, dated 14 November 1956, authorized him to hunt large game.

	b.  Correspondence from an officer of the Post Exchange (PX), dated 14 November 1956, notified the Provost Marshal, Seoul Area Command, that the applicant, a member of the aviation section of the 304th Signal Battalion, had purchased a shotgun from the PX.

9.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and 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.  The Soldiers 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 the following criteria:

* be engaged in combat during an armed engagement, regardless of the time in the area of eligibility
* wounded or injured in the line of duty and required medical evacuation from the area of eligibility
* participated as a regularly-assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations

DISCUSSION AND CONCLUSIONS:

The applicant was promoted on Headquarters Company, 304th Signal Battalion orders on 24 July1956.  The new evidence he submitted shows he purchased a shotgun on 14 November 1956 at a PX in Korea and he received a hunting permit from the Seoul Area Command Provost Marshal.  That documentation indicated the applicant was a member of the 304th Signal Battalion.  Any doubt concerning his eligibility for the award should be ruled in his favor.   As such, he should be entitled to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090002241, dated 25 June 2009.  As a result, the Board recommends that all Department of the 

Army records of the individual concerned be corrected by adding the Korea Defense Service Medal 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.

ABCMR Record of Proceedings (cont)                                         AR20110010338



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ABCMR Record of Proceedings (cont)                                         AR20110010338



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