BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130000052 


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 show:

* award of the Korea Defense Service Medal (KDSM)
* service in Korea during the period October 1954 through January 1956

2.  The applicant states:

* he was denied award of the KDSM because his service in Korea was not noted in Item 32 (Remarks) of his DD Form 214
* he served with the 538th Engineer Company

3.  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 February 1956, issued by Headquarters, Personnel Center 6020 SU, Oakland, CA
* 1956 Globe Gazette Newspaper extract
* note from a former Soldier, dated 14 December 2012 
* 12 photographed envelopes dated September 1954 through June 1955
* 712th Engineer Company Lineage
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 and medical records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  The case is being considered using the DD Form 214 and documents provided by the applicant.

3.  The applicant's DD Form 214 shows:

* he enlisted in the Regular Army on 25 February 1954 for a 3-year period
* his military occupational specialty was 622 (Engineer Equipment Repairman)
* he was awarded the National Defense Service Medal and the Army Good Conduct Medal
* he was honorably released from active duty on 21 February 1957 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation
* he completed 2 years, 11 months, and 27 days of total creditable active military service
* he completed 1 year, 3 months, and 20 days of foreign and/or sea service

4.  Special Orders Number 38, dated 7 February 1956, shows the applicant was returned from overseas aboard the U.S.S. Breckenridge.  The authority shown for his return is Military Orders Number 4, Headquarters, Inchon Replacement Depot, 8057th Army Unit.

5.  The applicant provides a letter from the NPRC explaining his records were burned.  He also provides a copy of his DD Form 214; a description of the KDSM; an itinerary of his foreign duty from 1954 to 1956; Special Order Number 38; a 1956 Globe Gazette Newspaper article which lists his name; a former Soldier's statement attesting to being stationed with the applicant, and copies of postmarked envelopes for the period September 1954 through June 1955.

6.  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 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.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the separation documents regulation in effect at the time of the applicant’s separation contained instructions for completing the DD Form 214 in Appendix III.  The instructions for completing Item 24c for enlisted personnel stated that the total period of active duty service outside the continental limits of the United States for the period covered by the DD Form 214 would be entered.  There were no provisions for entering the locations of the foreign service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the KDSM and his foreign service in Korea for the period October 1954 to January 1956 was carefully considered.

2.  Although the exact unit of assignment in Korea cannot be verified, Special Orders Number 38 show Military Orders Number 4, issued by Headquarters, Inchon Replacement Depot, 8057th Army Unit directed his reassignment on 7 February 1956.  Further, the applicant provides a news article with overseas returnees from Korea and Japan and a statement from a former Soldier attesting to their assignment in Korea.

3.  Special Orders Number 38 show he departed his overseas location on 7 February 1956 and his DD Form 214 shows he had 1 year, 3 months, and 20 days of foreign and/or sea service.  Based on this information, his arrival date in the overseas location would have been on or about 18 October 1954.

4.  In view of the above, any doubt of the applicant's service in Korea should be resolved in his favor.  Therefore, his DD Form 214 should be corrected to show award of the KDSM.
5.  Although the applicant desires to have the location and period of his overseas service annotated on his DD Form 214, there were no provisions for this in the regulation in effect at the time.  Therefore, there is no basis for granting this portion of his requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 KDSM 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 the location and period of his overseas service 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)                                         AR20130000052



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ABCMR Record of Proceedings (cont)                                         AR20130000052



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