IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002618
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 that he be awarded the Korean Defense Service Medal (KDSM) and the Korean Presidential Unit Citation (PUC) and that they be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served 1 year, 3 months, and 26 days in Korea from March 1957 to July 1958 and the KDSM and the PUC were authorized after his release from active duty.
3. The applicant provides a copy of his DD Form 214 and a copy of his military drivers license.
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 on 26 July 1956. He completed his training as a track vehicle mechanic at Fort Knox, Kentucky and was transferred to Korea in March 1957 and was assigned to Troop A, 2d Reconnaissance Squadron, 10th Cavalry Regiment, 7th Infantry Division.
4. On 16 July 1958, he was honorably released from active duty as an overseas returnee. He had served 1 year, 11 months, and 21 days of active service and was awarded the Good Conduct Medal.
5. The 7th Infantry Division was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 1953 to 1971 for service in Korea.
6. Army Regulation 600-8-22 (Military Awards) states the 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is eligible for awards of the KDSM and the PUC has been noted and found to have merit.
2. The applicant served in Korea during a qualifying period for award of the KDSM and his unit was awarded the ROKPUC for its service in Korea. Accordingly, he is entitled to have those awards added to his records.
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 KDSM and the ROKPUC 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) AR20120002618
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120002618
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090009193
The evidence further shows the applicant served in Korea with the 7th Infantry Division from 10 September 1968 to 30 October 1969 and as a result he is eligible for both of these awards. _______ _ _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) AR20090009193 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2008 | 20080007756
Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. Army Regulation 600-8-22 (Military Awards) states that 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. As a result, the...
ARMY | BCMR | CY2012 | 20120022950
His USAF record may contain records pertaining to his Army service; however, this Board does not have access to USAF records. 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. ___________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2014 | 20140019271
The applicant's military records are not available to the Board for review. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 19 July 1956. His DD Form 214 shows his last assignment was with the 181st Signal Company.
ARMY | BCMR | CY2006 | 20060012601C071029
The applicant requests, in effect, that the Presidential Unit Citation (Navy) be added to the list of authorized awards contained in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his Separation Document (DD Form 214). The applicant’s military records are not available to the Board for review. Item 26 of the applicant's DD Form 214, as amended in DD Forms 215 issued on 8 May 1996, 8 April 1997, and 9 June 1999, shows he earned...
ARMY | BCMR | CY2009 | 20090018810
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect award of the Purple Heart. The applicant states the Purple Heart was omitted from his DD Form 214 at the time of his release from active duty (REFRAD). Army Regulation 600-8-22 provides that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.
ARMY | BCMR | CY2009 | 20090002320
The applicant, as the son of a deceased former service member (FSM), requests that his late father's military records be corrected to show the Presidential Unit Citation (PUC), the Republic of Korea Presidential Unit Citation (ROKPUC), the Republic of Korea War Service Medal, the Combat Infantryman Badge (CIB), the Meritorious Unit Commendation (MUC), the Armed Forces Reserve Medal (AFRM), the Supreme Headquarters Allied Powers Europe (SHAPE) Badge, the Polish Guard Badge, and a letter of...
ARMY | BCMR | CY2013 | 20130015432
Item 27 of the applicant's DD Form 214 shows he earned the following awards: * Korean Service Medal with 2 bronze service stars * United Nations Service Medal 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st award) for the period 8 January 1951 through 8...
ARMY | BCMR | CY2014 | 20140015279
Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. However, there is no evidence to show his unit was awarded two NPUCs during the period he served with the unit. Additionally, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he qualifies for award of the Purple Heart.
ARMY | BCMR | CY2008 | 20080015444
The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to show award of the Combat Medical Badge (CMB), Army Good Conduct Medal (AGCM), and other earned awards not included in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. This source confirms that during his tenure of assignment, the applicants unit (Medical Company, 7th Infantry Regiment) received the following...