BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110014717
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of the awards he received.
2. The applicant states that his DD Form 214 reflects only the award of the Good Conduct Medal.
3. The applicant provides a copy of 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 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 applicant's 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 the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the United States Army in Denver, Colorado on 3 January 1955. He completed his training as an infantry operations and intelligence specialist and was transferred to Korea where he served 1 year and 13 days.
4. On 28 December 1956, he was honorably released from active duty (REFRAD) at Fort Lewis, Washington as an overseas returnee. He had served 1 year, 11 months, and 26 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal.
5. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant does not state what awards he received that are missing from his DD Form 214 and there are no records available to assist the Board in determining such; however, the available evidence shows the applicant served in Korea from 1955 to 1956 and thus is eligible for award of the KDSM.
2. Accordingly, he should be awarded the KDSM and it should be added to his records at this time.
BOARD VOTE:
___X_____ ___X_____ __X__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the KDSM and adding it to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110014717
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014717
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004321
The applicant states: * he served in the Korean War from 1955 to 1956 * he served with the 204th Field Artillery and 969th Field Artillery * upon his discharge from the Army, the administrative clerk did not annotate his papers to reflect his service in Korea * in 1973 the fire at the National Personnel Records Center destroyed his military records 3. The applicant's military records are not available to the Board for review. Therefore, his DD Form 214 should be corrected to show this award.
ARMY | BCMR | CY2010 | 20100001022
The applicant requests that he be awarded the Korea Defense Service Medal (KDSM) and any other awards to which he is entitled. While it is understood that the KDSM did not exist at the time he served, there must be more conclusive evidence to establish his entitlement to that award. __________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.
ARMY | BCMR | CY2009 | 20090005513
The applicants military records are not available to the Board for review. There is no evidence of record which shows the applicant served in Korea. Evidence of record shows the applicant's last duty assignment was with Service Company, 32nd Infantry Regiment.
ARMY | BCMR | CY2013 | 20130000052
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * award of the Korea Defense Service Medal (KDSM) * service in Korea during the period October 1954 through January 1956 2. The applicant provides: * letter, dated 16 June 2011, from the National Personnel Records Center (NPRC) * DD Form 214 * KDSM description * Itinerary for Foreign Army Duty for the period 1954 to 1956 * Special Orders Number 38, dated 7...
ARMY | BCMR | CY2009 | 20090019724
The applicant's military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states the KDSM 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. ____________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.
ARMY | BCMR | CY2012 | 20120020404
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 1953 to 1956 be corrected to show that he is awarded additional awards of the Korea Defense Service Medal (KDSM), Overseas Service Ribbon (OSR), United Nations Service Medal (UNSM), and Army Good Conduct Medal (AGCM). Personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2009 | 20090001742
The applicant requests that he be awarded the Korea Defense Service Medal (KDSM), Korean Service Medal (KSM), National Defense Service Medal (NDSM), United Nations Service Medal (UNSM), and any other overseas service medal that he may be entitled to receive. Army Regulation 600-8-22 provides, in pertinent part, that 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...
ARMY | BCMR | CY2004 | 20040005127C070208
The applicant requests, in effect, that the National Defense Service Medal (NDSM) and any other awards to which he is entitled be added to his separation document (DD Form 214). It is authorized to members who served on active duty in Korea from 28 July 1954 to a date to be determined. Therefore, the Board requests that the CMSD-St. Louis correct the records of the individual concerned to show his entitlement to the Korean Defense Service Medal and Republic of Korea Presidential Unit...
ARMY | BCMR | CY2013 | 20130019617
The applicant requests, through a Member of Congress, correction of his military records to show award of the Army Good Conduct Medal (AGCM) and Korea Defense Service Medal (KDSM). The applicant provides: * United States Senator Letter * Standard Form 180 (Request Pertaining to Military Records) * Two Military Medical Record Document Extracts * DD Form 214 (Report of Separation from the Armed Forces of the United States) issued 19 August 1955 * DD Form 214 (Armed Forces of the United States...
ARMY | BCMR | CY2013 | 20130019617
The applicant requests, through a Member of Congress, correction of his military records to show award of the Army Good Conduct Medal (AGCM) and Korea Defense Service Medal (KDSM). The applicant provides: * United States Senator Letter * Standard Form 180 (Request Pertaining to Military Records) * Two Military Medical Record Document Extracts * DD Form 214 (Report of Separation from the Armed Forces of the United States) issued 19 August 1955 * DD Form 214 (Armed Forces of the United States...