IN THE CASE OF:
BOARD DATE: 28 November 2012
DOCKET NUMBER: AR20120006826
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 (Report of Separation from the Armed Forces of the United States) to show award of the National Defense Service Medal (NDSM). In addition, he requests a third bronze service star added to his Korean Service Medal (KSM).
2. The applicant states he believes he is entitled to the NDSM for his service in the Republic of Korean (ROK) from September 1951 to September 1952. The applicant further states that a third bronze service star should be added to his KSM for the Korea, Summer-Fall campaign during the period 1 May 1952 through 30 November 1952.
3. The applicant provides 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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records that primarily consist of his DD Form 214.
3. The applicant's DD Form 214 shows he was member of the Alabama Army National Guard (ALARNG) ordered to active duty on 16 January 1951. On
28 September 1952, he was released from active and he returned to the ALARNG.
4. Item 26 (Foreign and/or Sea Service) shows the entry Years "1" Months "1" and Days "0." Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) shows the applicant was awarded the KSM with two bronze service stars and the United Nations Service Medal.
5. There is no evidence available that shows when the applicant arrived and departed the ROK.
6. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954,
1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
7. 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. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
8. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Korean Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the NDSM and a third bronze service star be added to his KSM was carefully considered and it was determined there is sufficient evidence to support a portion of his request.
2. Evidence of record shows the applicant met the eligibility criteria for award of the NDSM and the ROKWSM. His DD Form 214 should be amended to add these awards.
3. The applicant contends that his DD Form 214 should be corrected to add a third three bronze service star to his KSM. However, there is no evidence (i.e., morning reports or movement orders, etc.) that shows when he arrived and departed the ROK to correctly show the campaigns he participated in while serving in the ROK. Therefore, there is insufficient evidence to change his
DD Form 214.
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 amending the applicant's DD Form 214 to add the NDSM and the ROKWSM.
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 third bronze service star to the KSM on the applicant's 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) AR20120006826
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