BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20120022042
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 add award of the Korea Defense Service Medal.
2. The applicant states he was assigned to Korea and served with I Corps in Camp Santa Barbara from on or about 1 May 1957 to on or about 4 August 1958.
3. The applicant provides:
* self-authored statement
* three photographs
* 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 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. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. He provided his DD Form 214 which shows he was inducted into the Army of the United States on 7 November 1956 and served in military occupational specialty 101.00 (Flash Ranging Crewman). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
4. His records contain Letter Order Number 11-19 issued by Headquarters, Fort Riley, KS, on 4 November 1958. These orders show he was assigned to Battery E, 1st Howitzer Battalion, 7th Artillery Regiment, and was scheduled to be released from active duty on 6 November 1958.
5. His records do not contain evidence of service in Korea.
6. His DD Form 214 shows he was honorably released from active duty on 6 November 1958 and confirms he was assigned to Battery E, 1st Howitzer Battalion, 7th Artillery Regiment, at the time of his release from active duty. He completed 2 years of net active service of which 1 year, 3 months, and 3 days were credited as foreign service. However, the location of his foreign service is not listed.
7. He provided three photographs and a self-authored statement wherein he attests to his service in Korea.
8. 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 served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant has not provided sufficient evidence to show he served in Korea. As such, there is insufficient evidence to grant relief in this case.
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 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) AR20120022042
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ABCMR Record of Proceedings (cont) AR20120022042
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