IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120010466
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 award of the United Nations Service Medal (UNSM).
2. The applicant states he served in Korea from 1964 to 1965 under the United Nations Flag.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 shows he was inducted into the Army of the United States on 29 October 1963. He was trained in and served in military occupational specialty 31M (Radio and Relay Carrier Operator).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 7 April 1964 to 31 May 1965. It also shows, upon completion of this foreign tour, he was reassigned to Fort Meade, Maryland where he served until he was honorably released from active duty by reason of expiration term of service on 28 October 1965.
4. The DD Form 214 issued upon his release from active duty shows he completed 2 years of creditable active service. His military record contains no evidence that he earned the UNSM and this award is not listed on his DD Form 214.
5. Army Regulation 600-8-22 (Military Awards) provides for award of the UNSM. It states the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954 to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.
6. In 2008, a DD Form 215 (Correction to DD Form 214) was prepared adding award of the Korea Defense Service Medal and National Defense Service Medal to his DD Form 214. A copy of the DD Form 215 will be provided to the applicant.
DISCUSSION AND CONCLUSIONS:
The applicant contends he's entitled to the UNSM. His military records clearly show he served on active duty from 29 October 1963 through 28 October 1965 of which he served in Korea from 7 April 1964 to 3 May 1965. The UNSM is awarded for Korean service completed during the period 27 June 1950 through 27 July 1954. Therefore, the applicant did not serve in Korea during the period the UNSM was authorized and he does not qualify for this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20120010466
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ABCMR Record of Proceedings (cont) AR20120010466
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