IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120001904
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 the Korea Defense Service Medal be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he served in Korea with the 538th Engineer Company for 1 year, 3 months, and 17 days.
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 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. His records were lost or seriously damaged in that fire. However, sufficient documents are available to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army in September 1956 and served for 2 years. His only award is the Good Conduct Medal. The DD Form 214 shows his last assignment as the 538th Engineer Company at APO (Army Post Office) 358.
4. Numerous websites show that, at that time, APO 358 was in Korea.
5. 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. The period of eligibility began on 28 July 1954.
DISCUSSION AND CONCLUSIONS:
The applicant clearly served in Korea and is eligible to receive the Korea Defense Service Medal.
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 adding the Korea Defense Service Medal to his DD Form 214.
__________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) AR20120001904
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ABCMR Record of Proceedings (cont) AR20120001904
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