IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120008467
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 Korean Service Medal with three bronze service stars.
2. The applicant states:
* his original DD Form 214 showed the Korean Service Medal with three bronze service stars
* his original DD Form 214 was lost in a fire
* the ribbon he earned has three bronze stars on it
3. The applicant provides no additional evidence.
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 applicant's 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 applicant's 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 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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 29 February 1952. He served in Korea and he was honorably released from active duty on 30 January 1954 and transferred to the U.S. Army Reserve to complete his remaining service obligation.
4. The DD Form 214 contained in the available records shows he was awarded or authorized the:
* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal
5. His inclusive dates of service in Korea are not available.
6. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. The regulation states a bronze service star will be worn on the Korean Service Medal based on qualifying service for each campaign listed in appendix B.
7. Army Regulation 600-8-22 states the Republic of Korea War Service Medal 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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he participated in three campaigns during his assignment in Korea which entitled him to three bronze service stars for wear on his Korean Service Medal.
2. Since his inclusive dates of service in Korea are not available, the number of campaigns he participated in cannot be determined at this time. However, based on his service in Korea and participation in at least one campaign, he is clearly eligible for the Korean Service Medal with one bronze service star. His DD Form 214 should be corrected to show this service star.
3. He served a period of qualifying service for award of the Republic of Korea War Service Medal. His DD Form 214 should be corrected to show this medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 Republic of Korea War Service Medal and one bronze service star for wear on his already-awarded Korean Service Medal to his DD Form 214.
2. The Board further determined 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 two additional bronze service stars for wear on his already-awarded Korean 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) AR20120008467
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