IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120019561
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 military records to show award of the Korea Defense Service Medal (KDSM).
2. The applicant states the KDSM was issued after his discharge from the Army.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 his records were destroyed in that fire. This case is being considered using a reconstructed record which primarily consists of his DD Form 214 and DD Form 215 (Correction to DD Form 214).
3. The applicant was inducted into the Army of the United States on 29 March 1954. He was trained in and awarded military occupational specialty 716.10 (Operations Specialist).
4. On 14 February 1956, he was honorably released from active duty after completing 1 year, 10 months, and 16 days of creditable active duty service of which 1 year, 4 months, and 18 days were foreign service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.
5. The applicant's records contain a DD Form 215, dated 8 October 2003, which shows he was awarded or authorized the Korean Service Medal and United Nations Service Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to the KDSM. There is sufficient evidence to support this claim.
2. The KDSM is authorized for service in Korea from 28 July 1954 to a date to be determined. While his records do not specifically show the location or dates of his foreign service, his 1 year, 4 months, and 18 days of foreign service performed between 29 March 1954 and 14 February 1956 combined with his award of the KSM confirms his Korean service during this period. Therefore, he is authorized award of the KDSM and it should be added to his DD Form 214 at this time.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the KDSM 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) AR20120019561
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120019561
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004321
The applicant states: * he served in the Korean War from 1955 to 1956 * he served with the 204th Field Artillery and 969th Field Artillery * upon his discharge from the Army, the administrative clerk did not annotate his papers to reflect his service in Korea * in 1973 the fire at the National Personnel Records Center destroyed his military records 3. The applicant's military records are not available to the Board for review. Therefore, his DD Form 214 should be corrected to show this award.
ARMY | BCMR | CY2009 | 20090004400
The applicant requests correction of his records to show award of the Korean Service Medal (KSM). The applicant's military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) provides for award of the KSM.
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 | CY2013 | 20130007777
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he was on active duty from 7 July 1954 to 3 July 1956 * he served in Korea from 31 January 1954 to 28 May 1956 with the Korean Military Advisory Group (KMAG), 8202th Army Unit (AU) * he was recently informed he qualified for the KDSM and NDSM which were never recorded on his DD Form 214 * his rank at separation was specialist three (SP3)/corporal which was pay grade E-4 * pay...
ARMY | BCMR | CY2014 | 20140011210
The applicant's complete military records are not available for review. Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the UN during the period between 27 June 1950 and 27 July 1954. 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...
ARMY | BCMR | CY2013 | 20130004672
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 Korea Defense Service Medal (KDSM). The applicant's complete military records are not available to the Board for review. 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 served on active duty in support of the defense of the Republic of Korea.
ARMY | BCMR | CY2009 | 20090001742
The applicant requests that he be awarded the Korea Defense Service Medal (KDSM), Korean Service Medal (KSM), National Defense Service Medal (NDSM), United Nations Service Medal (UNSM), and any other overseas service medal that he may be entitled to receive. Army Regulation 600-8-22 provides, in pertinent part, 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...
ARMY | BCMR | CY2013 | 20130000052
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 Korea Defense Service Medal (KDSM) * service in Korea during the period October 1954 through January 1956 2. The applicant provides: * letter, dated 16 June 2011, from the National Personnel Records Center (NPRC) * DD Form 214 * KDSM description * Itinerary for Foreign Army Duty for the period 1954 to 1956 * Special Orders Number 38, dated 7...
ARMY | BCMR | CY2007 | 20070011176
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070011176 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 for review. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have...
ARMY | BCMR | CY2013 | 20130010996
His initial request for the KDSM was denied by the Army Board for Correction of Military Records (ABCMR) because his record contained no evidence to confirm his Korean service. The applicant provides: * DD Form 735 (Health Record Abstract of Service) * Medical record document extract CONSIDERATION OF EVIDENCE: 1. While there is no specific entry in his record to show this service was performed in Korea, he was treated at the 44th Surgical Hospital on 3 April 1956 and assigned with the...