IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120001691
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 he served in Korea and to show all of his authorized awards.
2. The applicant states he served with the 7th Quartermaster Company but it does not reflect that it was in Korea. Additionally, his awards are incomplete.
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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 7 October 1954. He completed his training and was subsequently transferred to Korea for assignment to the 7th Quartermaster Company where he served until he was transferred to Fort Sheridan, IL for separation processing. He was honorably released from active duty (REFRAD) on 17 July 1956 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Pennsylvania Military District to complete his remaining service obligation. He completed 1 year,
9 months, and 11 days of total active service. The DD Form 214 he was issued at the time shows in:
* item 22c (Foreign and/or Sea Service) he completed 1 year, 4 months, and 8 days of foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Army Good Conduct Medal
4. There is no evidence to show the specific dates of the applicant's service in Korea and his DD Form 214 is not sufficiently legible to determine those dates.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. The regulation in effect at the time did not provide for making an entry to indicate which theater or country foreign service was performed.
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. The 7th Quartermaster Company was assigned to the 7th Infantry Division on 1 July 1940 and remained an active unit in Korea until it was deactivated in Korea on 2 April 1971. It was reactivated at Fort Ord, CA on 21 February 1975. The 7th Infantry Division served in Korea from 1953 until it was relieved by the 2d Infantry Division in 1971.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has not specified which awards are missing from his
DD Form 214 and he has not provided any evidence to support his contention, the available evidence shows he served during a qualifying period for entitlement to the KDSM. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicable regulation in effect at the time made no provisions for entering the country and duration of foreign service performed on the DD Form 214. Also, since the specific dates of his service in Korea cannot be confirmed there is an insufficient evidentiary basis for doing so now. Therefore, this portion of the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the Korea Defense Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to reflect his service in 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.
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