IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015564
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 his records to show all of his authorized awards for his service in Korea from January 1956 to April 1957.
2. The applicant states that through the years different medals were authorized; however, his records were never corrected to show them.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.
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 service 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, his DD Form 214 offers sufficient evidence to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows that he enlisted in the Regular Army on 30 July 1956 for a period of 3 years.
a. He was awarded military occupational specialty 763.10 (Ordnance Supply Specialist) and he attained the rank of private first class (PFC)/pay grade E-3 on 20 July 1959.
b. He completed 3 years of total active service that included 1 year,
3 months, and 24 days of foreign service.
c. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows: "None."
d. Item 12 (Last Duty Assignment and Major Command) shows: 410th Ordnance Company, Fort Bliss, Texas.
e. He was honorably released from active duty (REFRAD) on 29 July 1959 based upon expiration of term of service and transferred to the U.S. Army Reserve, XXI U.S. Army Corps (Reserve), to complete his Reserve obligation.
4. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It shows 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 Republic of Korea.
a. The area of eligibility (AOE) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.
b. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
c. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for
60 nonconsecutive days or meet several criteria including:
(1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; or
(2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim to the Korea Defense Service Medal was carefully considered.
a. It appears the applicant's military service records were either lost or destroyed in a fire. However, his DD Form 214 was available for review.
b. While the DD Form 214 shows the applicant served overseas for 1 year,
3 months, and 24 days, it does not provide sufficient information or evidence to show he served in Korea.
2. The sincerity of the applicant's claim is not in question. However, in order to support awarding the applicant the Korea Defense Service Medal, it is necessary to definitively establish his service in the AOE during the period of eligibility. Unfortunately, the available evidence fails to satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X __ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
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 the applicant's 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) AR20110015564
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015564
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004641
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that his records were burned in 1973 and that he lost his service records that show he spent time on active duty in Korea in the Army of the United States and in the U.S. Air Force. He states he does not have a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for his active duty Army service.
ARMY | BCMR | CY2014 | 20140013155
The applicant's military record is not available to the Board for review. The evidence of record shows the U.S. Army was using the enlisted rank title of "SP2" (E-5) from 1 May 1955 through the date of the applicant's release from active duty on 22 March 1957. a. Therefore, it would be appropriate at this time to correct the applicant's DD Form 214 to show he was awarded the Korea Defense Service Medal.
ARMY | BCMR | CY2008 | 20080013403
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Korea Defense Service Medal (KDSM). It 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. There is no evidence that the applicant completed foreign service anywhere other than Korea; therefore, based on the available evidence the applicant...
ARMY | BCMR | CY2008 | 20080004658
The applicant requests correction of his records to show his foreign service in Korea and in effect, award of the Korea Defense Service Medal. Item 22c (Foreign and/or Sea Service) of the applicants DD Form 214 shows he completed 1 year, 1 month, and 29 days of foreign service. With respect to correction of the applicants records to show his foreign service was in Korea, there is insufficient evidence to grant relief in this case.
ARMY | BCMR | CY2013 | 20130011727
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 for the period ending 9 July 1959 * Headquarters, 7th Infantry Division Hunting Permit, dated 24 September 1957 * Memorandum, National Personnel Records Center (NPRC), St. Louis, MO, dated 30 May 2013 CONSIDERATION OF EVIDENCE: 1. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2014 | 20140013301
IN THE CASE OF: BOARD DATE: 19 March 2015 DOCKET NUMBER: AR20140013301 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) 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. Unfortunately there is insufficient evidence to show the applicant served in Korea.
ARMY | BCMR | CY2009 | 20090013474
The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show his eligibility for the Army Good Conduct Medal or the Korea Defense Service Medal. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1...
ARMY | BCMR | CY2011 | 20110010338
IN THE CASE OF: BOARD DATE: 8 November 2011 DOCKET NUMBER: AR20110010338 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 new evidence he submitted shows he purchased a shotgun on 14 November 1956 at a PX in Korea and he received a hunting permit...
ARMY | BCMR | CY2014 | 20140016513
The applicants military records are not available to the Board for review. Therefore, there is insufficient evidence to verify his eligibility for the Korea Defense 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.
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.