IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007549
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 the Korea Defense Service Medal.
2. The applicant states, in effect, he served in Korea for 1 year, 5 months, and 14 days.
3. The applicant provides:
* DD Form 214
* 1955 Christmas Greetings from the commanding officer
* Christmas Day 1955 Menu with signatures
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 record is 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documents provided by the applicant to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows:
* he enlisted in the Regular Army on 17 November 1954 for a period of
3 years
* he was awarded military occupational specialty (MOS) 673.10 (Single Rotor Helicopter Repairman)
* in item 24c (Foreign and/or Sea Service) he completed 1 year, 5 months, and 14 days of foreign and/or sea service
* he was honorably released from active duty at the expiration of his term of service on 15 November 1957
* he completed 2 years, 11 months, and 29 days of total active service
4. Special Orders Number 109, dated 24 May 1956, and Special Orders Number 197, dated 21 September 1956, both issued by Headquarters, 69th Transportation Battalion (Truck), APO 358, show the applicant's MOS changes. APO 358 was located in Korea.
5. DA Forms 1 (Morning Report), dated 24 May 1956, 24 September 1956, and 17 October 1956, show the 69th Transportation Battalion (Truck) was permanently located at Uijongbu, Korea.
6. 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 is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a
summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation in effect at the time states to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the Korea Defense Service Medal was carefully considered and determined to have merit.
2. It appears the applicant served in Korea in 1955; however, his record is void of orders and other documentation verifying and confirming his total length of service in Korea during the period 1955 through 1957.
3. However, the morning reports confirm the applicant was serving in Korea during a qualifying period of service for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
4. Additionally, the regulation in effect at the time states to enter on the DD Form 214 the last overseas theater service was performed. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his last overseas theater as "Korea."
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:
a. adding to his DD Form 214 the Korea Defense Service Medal, and
b. adding to item 24c of his DD Form 214 the entry 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.
ABCMR Record of Proceedings (cont) AR20120007549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007549
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050012024C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 September 2005 DOCKET NUMBER: AR20050012024 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s 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.
ARMY | BCMR | CY2013 | 20130016182
Application for correction of military records (with supporting documents provided, if any). The exact dates of the applicant's service in Korea are unknown; however, his DD Form 214 confirms his last unit of assignment was the 1st Cavalry Division, APO 24. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding in: * Item 24c "USARPAC" * Item 26 the "KDSM" _______ _ x_______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2011 | 20110006359
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in: * item 12 (Last Duty Assignment and Major Command) HQ BTRY, 15 AAA, AW, BN, SP 7th INF DIV * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Korean Service Medal (KSM) * item 18 (intended to mean item 28 ((Service...
ARMY | BCMR | CY2010 | 20100022700
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served at Eniwetok Atoll, Marshall Islands from 1955 to 1956. Therefore, his DD Form 214 should be corrected to show this service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of his DD Form 214 for the period ending on 17 October 1957 the entry "Service at Eniwetok...
ARMY | BCMR | CY2009 | 20090010681
Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he served 1 year, 3 months, and 9 days of foreign service. 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. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location...
ARMY | BCMR | CY2005 | 20050006766C070206
The applicant requests correction of his records to show his foreign service in Korea. There is no evidence of record available other than the newspaper article submitted by the applicant which shows he served in Korea. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2001 | 2001052701C070420
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2011 | 20110006437
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * award of the Korean Service Medal and the United Nations Service Medal * he earned a General Education Development (GED) diploma 2. The DD Form 214 he was issued shows he completed 3 years of creditable active service. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2014 | 20140000440
Application for correction of military records (with supporting documents provided, if any). However, there is evidence showing that he was in Korea on 7 August 1956 and there is evidence showing that in February 1957 he was still 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.
ARMY | BCMR | CY2014 | 20140002844
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korean Service Medal. Although the applicant requested award of the Korean Service Medal, the available evidence shows he was not serving on active duty during the qualifying period of eligibility. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...