BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110011211
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 (Report of Separation from the Armed Forces of the United States) to show award of the National Defense Service Medal and Republic of Korea War Service Medal.
2. The applicant states he served in Korea during the war from 1951 to 1952.
3. The applicant provides his DD Form 214.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 16 March 1951 and he held military occupational specialty 1729 (Laborer). On 15 December 1952, he was honorably released from active duty in the rank/grade of sergeant/E-5 and transferred to the Enlisted Reserve Corps. His DD Form 214 shows he served a period of 1 year and 9 months.
4. Item 26 (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 10 months of foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star and the United Nations Service Medal.
6. There is no documentation in the available record and he has not provided any documentation that clearly identifies his dates of service in the Republic of Korea.
7. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
8. The Government of the Republic of Korea issued the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal. To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 nonconsecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the National Defense Service Medal and the Republic of Korea War Service Medal was carefully considered.
2. The evidence of record confirms the applicant served a qualifying period for award of the National Defense Service Medal, which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Although the applicant's exact dates of service in the Republic of Korea cannot be determined, the evidence of record confirms he served during the Korean War for which he was awarded the Korean Service Medal and the United Nations Service Medal. As such, it is reasonable to conclude he served in Korea during a qualifying period for award of the Republic of Korea War Service Medal, which is not shown on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 27 of his DD Form 214 to add the National Defense Service Medal and Republic of Korea War Service Medal.
__________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) AR20080016060
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ABCMR Record of Proceedings (cont) AR20110011211
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