IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110023588
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 award of the Korean Service Medal (KSM).
2. The applicant makes no statement.
3. The applicant provides:
* A webpage of the 12th Cavalry Regiment (United States)
* DD Form 214
* National Guard Bureau (NGB) Form 55 (Honorable Discharge Certificate)
* U.S. Army Honorable Discharge Certificate
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the applicants DD Form 214.
3. The applicants DD Form 214 indicates he had prior service when he was inducted into the Army of the United States on 21 May 1956. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 716.10 (Personnel Specialist).
4. On 1 May 1958, the applicant was honorably released from active duty after completing 1 year, 11 months, and 11 days of active military service.
5. The applicants DD Form 214 shows in:
* item 24c (Foreign and/or Sea Service) 1 year, 1 month, and 10 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) Army Good Conduct Medal (AGCM)
6. Army Regulation 600-8-22 (Military Awards) states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the KSM was carefully considered.
2. It appears the applicant had prior service, but no records or DD Form 214 for that period of service are available and it cannot be determined if he served in Korea during the Korean War.
3. Although the applicants available DD Form 214 shows he was credited with 1 year, 1 month, and 10 days of foreign service, it shows he served on active duty during the period 21 May 1956 through 1 May 1958. The qualifying period of service in the theater of operations for award of the KSM was between 27 June 1950 and 27 July 1954.
4. Based on the foregoing, there is insufficient evidence to add the KSM to his DD Form 214.
5. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110023588
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ABCMR Record of Proceedings (cont) AR20110023588
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