IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110018688
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 the Korean Service Medal and the United Nations Service Medal.
2. The applicant states he served in Inchon, Korea.
3. The applicant provides a DD Form 214 and reassignment orders.
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 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 that his records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. The applicant's DD Form 214 shows he entered active duty on 21 October 1952.
4. Headquarters, Inchon Replacement Depot, 8057th AU, APO 971, Special Orders Number 200, dated 24 July 1954, show he arrived in Korea on or around 24 July 1954. These orders directed his reassignment to the 590th Ordnance, APO 72.
5. His DD Form 214 also shows that:
a. he was released from active duty on 4 October 1955;
b. he completed a total of 2 years, 11 months, and 14 days of active duty service;
c. he served overseas for over one year;
d. he was awarded the National Defense Service Medal;
e. his most significant duty assignment is listed as 30th Ordnance Company.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
b. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
c. 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. The applicant's contention that his DD Form 214 should be corrected to show the Korean Service Medal and the United Nations Service Medal has been carefully considered.
2. Reassignment orders confirm he arrived in Korea on or around 24 July 1954 and his DD Form 214 shows he served overseas for over one year. It appears he met the criteria for awards of the Korean Service Medal, United Nations Service Medal, and Korea Defense Service Medal. Therefore, it would be appropriate to correct his DD Form 214 to show these awards.
BOARD VOTE:
___x____ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 amending his DD Form 214 by adding the Korean Service Medal, United Nations Service Medal, and 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.
ABCMR Record of Proceedings (cont) AR20110018688
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ABCMR Record of Proceedings (cont) AR20110018688
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