IN THE CASE OF:	  

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110014492 


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 his rank be corrected on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also requests, in effect, the Korean Service Medal, Korea Defense Service Medal, and any awards and decorations to which he may be entitled be added to his DD Form 214.    

2.  The applicant states:

* He was promoted to E-4 prior to his discharge
* He served in Korea during the Korean conflict

3.  The applicant provides his DD Form 214.  His application indicates he provided promotion orders; however, these orders are not available. 

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 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.  His DD Form 214 shows he was inducted into the Army of the United States on 1 April 1954.  He served as a battery clerk and he was honorably released from active duty on 16 March 1956.

4.  His DD Form 214 shows in:

* Item 3 (Grade, Rate, Rank and Date or Appointment) the entry "SP3(T) 
     18 Jun 55" [specialist three (temporary) 18 June 1955]
* Item 26 (Foreign and/or Sea Service) the entry "0  10  19" [10 months and 19 days]
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Good Conduct Medal
* Item 29 (Most Significant Duty Assignment) the entry "Battery Clerk, Svc Btry [Service Battery] FA Bn APO [Field Battalion Army Post Office] 7." 

5.  Discharge orders, dated 16 March 1956, show his rank as SP3. 

6.  There are no promotion orders which show he was promoted to E-4 prior to his release from active duty on 16 March 1956. 

7.  Records show APO 7 was located in Korea but the applicant's inclusive dates of service in Korea are not available.     

8.  There is no evidence of record which shows he served in Korea during the period 27 June 1950 to 27 July 1954.

9.  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.



10.  Army Regulation 600-8-22 states 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.  Although the applicant contends he was promoted to E-4 prior to his discharge, there are no promotion orders to support this contention.  His discharge orders, dated 16 March 1956, show his rank as SP3 which is properly reflected in item 3 of his DD Form 214.  Therefore, there is insufficient evidence on which to amend item 3 of his DD Form 214.      

2.  He contends he served in Korea during the Korean conflict.  However, there is no evidence of record and the applicant has provided no evidence which shows he served in Korea during the period 27 June 1950 to 27 July 1954.  Regrettably, there is insufficient evidence on which to base award of the Korean Service Medal in this case.

3.  Since his DD Form 214 shows his most significant duty assignment was located in Korea, he served a period of qualifying service for award of the Korea Defense Service Medal.  His DD Form 214 should be corrected to show this medal.   

4.  His request for additional awards and decorations was noted.  However, a thorough review of the applicant's records failed to reveal any additional awards authorized but not recorded.    

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 the Korea Defense Service Medal to item 27 of his DD Form 214.

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 amending item 3 of his DD Form 214 or adding the Korean Service Medal to item 27 of 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)                                         AR20110014492





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ABCMR Record of Proceedings (cont)                                         AR20110014492



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