IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110022596
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal, Korea Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states his military records were destroyed in a fire.
3. The applicant provides his DD Form 214, a newspaper article about authorization of the Korea Defense Service Medal, and a National Personnel Records Center letter.
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 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 his records were lost or destroyed in that fire. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. He requests correction of his DD Form 214 to show the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar. These are already reflected on his DD Form 214. Therefore, this portion of his request will not be discussed further in these proceedings.
4. His military records show he enlisted in the Regular Army on 29 December 1954.
5. His DD Form 214:
* shows he was honorably released from active duty on 3 December 1957 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation
* shows the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar
* shows he completed 2 years, 11 months, and 5 days of active service
* shows he completed 1 year, 5 months, and 9 days of foreign service
6. 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 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. His DD Form 214 shows he served overseas. However, there is insufficient available evidence to determine if and how long any of this service was in Korea. Therefore, there is an insufficient basis on which to add the Korea Defense Service Medal to his DD Form 214.
2. In view of the foregoing, there is an insufficient basis for granting his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X __ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ 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) AR20110022596
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ABCMR Record of Proceedings (cont) AR20110022596
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