IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120022950
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 Korea Defense Service Medal (KDSM) and any other awards or badges for which he may be qualified. He also requests, in effect, issuance of the medals he is authorized.
2. He states the KDSM is awarded for qualifying service performed after 28 July 1954. He served a total of 1 year, 3 months, and 27 days assigned to the 7th Infantry Division at Camp Casey, Korea from July 1956 to October 1957. He states he is retired from the U.S. Air Force (USAF).
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 October 1957.
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 military record is not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. His Army record was likely lost or destroyed in that fire. His USAF record may contain records pertaining to his Army service; however, this Board does not have access to USAF records. This case is being considered using the DD Form 214 he provides.
3. On 16 November 1955, he was ordered to active duty from the U.S. Army Reserve (USAR). He served in military occupational specialty 111.10 (Light Weapons Infantryman). He was honorably released from active duty on
25 October 1957 by reason of early separation of overseas returnees. He completed 1 year, 11 months, and 10 days of total active service.
4. The DD form 214 he was issued at the time shows in:
* item 12 (Last Duty Assignment and Major Command) Company C,
1st Battle Group, 17th Infantry Regiment, Armed Forces Far East (AFFE)
* item 24c (Foreign and/or Sea Service) 1 year, 3 months, and 27 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) Army Good Conduct Medal
5. The U.S. Army Center of Military History (CMH) maintains information on its website pertaining to the lineage and honors of Army units. The page for the
1st Battalion, 17th Infantry Regiment shows the unit was assigned to the
7th Infantry Division from October 1933 through March 1971. At the time the applicant was assigned to the unit, it was designated as the 1st Battle Group, 17th Infantry. The unit was authorized the Republic of Korea Presidential Unit Citation (ROK PUC) for the period 1953-1971.
6. Department of the Army General Orders Number 50, dated 9 November 1971, confirmed award of the ROK PUC to the 7th Infantry Division for service rendered to the ROK during the period 17 September 1950 to 27 March 1971.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence confirms he is entitled to the KDSM based on completion of a period of qualifying service in the ROK. Therefore, his DD Form 214 should be corrected to show this award.
2. He was assigned to a subordinate unit of the 7th Infantry Division during a period for which the division received the ROK PUC. Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award. It should be noted that this foreign decoration is not issued by the Department of the Army. However, the applicant may purchase the decoration from one of several private vendors.
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 the Republic of Korea Presidential Unit Citation; and
b. issuing to him the Korea Defense Service Medal.
___________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) AR20120022950
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ABCMR Record of Proceedings (cont) AR20120022950
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