IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002454
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 his record be corrected to show award of two Korea service medals.
2. The applicant states he has not yet received the two Korea service medals and it is now 56 years later.
3. The applicant provides a copy of his DA Form 24 (Service Record).
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 record shows the applicant was inducted into the Army of the United States on 6 July 1954, and was trained in and awarded military occupational specialty (MOS) 711.10 (Clerk Typist). He was advanced to private first class (PFC) on 24 October 1955 and this is the highest rank he held on active duty.
3. The applicant's DA Form 24 shows he served in Korea from 6 January 1955 through 2 May 1956 in Section 5 (Service Outside the Continental United States). Section 9 (Medals, Decorations, and Citations) includes no service medals related to Korea service.
4. On 12 May 1956, the applicant was honorably released from active duty, in the rank of PFC, after completing 1 year, 10 months, and 7 days of active military service. The DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued at the time lists only the National Defense Service Medal as an earned award.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on the Korea Defense Service Medal (KDSM) which was authorized in the National Defense Authorization Act (NDAA) of 2003. It states it is awarded to members who completed 30 consecutive days or 60 non-consecutive days of service in Korea between 28 July 1954 to a date to be determined.
6. Paragraph 5-9 of the awards regulation contains guidance on the Korean Service Medal (KSM). It states it is authorized for 30 consecutive days or
60 non-consecutive days of service in Korea between 27 June 1950 and 27 July 1954. There are no other U.S. service awards authorized specifically for Korea.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to add two Korea service medals to his record has been carefully considered and found to have partial merit. The evidence of record confirms the applicant served in Korea from 6 January 1955 through
2 May 1956, and as a result is eligible for the KDSM. Therefore it would be appropriate to add this award to his record and DD Form 214 and to issue him the medal set.
2. The Army regulation governing military awards authorizes the award of the KSM for qualifying service in Korea between 27 June 1950 and 27 July 1954. The record confirms the applicant did not arrive in Korea until 6 January 1955 and therefore did not serve in Korea during the qualifying period for this award. In addition, other than the KDSM and KSM, there are no other authorized U.S. service medals authorized specifically based on Korea service. Therefore, there is an insufficient evidentiary basis to support a second service medal for Korea service.
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 the Korea Defense Service Medal to his DD Form 214 and by issuing him the medal set for this award.
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 adding a second Korea service medal to his record.
_______ _ _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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