IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130001752
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).
2. He states that he just became aware of the medal.
3. The applicant provides his DD Form 214 (Report of Separation); a National Personnel Records Center letter, dated 7 January 2013; and a Pass Curfew or Travel Authorization, dated 10 October 1954.
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 applicants 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 the applicant's records were lost or destroyed in this fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows:
* he was inducted into the Army of the United States on 14 January 1953
* he was released from active duty on 10 December 1954
* his most significant assignment was the 39th Infantry Scout PP, 73rd Tank Battalion, Korea
* he completed 1 year, 10 months, and 27 days of active service of which
1 year and 5 days was foreign service
* he was awarded or authorized the:
* National Defense Service Medal
* United Nations Service Medal
* Korean Service Medal
* Good Conduct Medal
4. He provides a copy of a pass authorization, issued by the 39th Infantry Scout Dog Platoon, Korea, dated 10 October 1954, which authorized the applicant to visit the Seoul, Korea area on 10 October 1954.
5. 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 shows he was awarded the Korean Service Medal and his most significant assignment was in Korea. In addition, the applicant provided a pass authorization which shows he was granted permission to travel to Seoul, Korea on 10 October 1954. This is sufficient evidence to show that he completed a period of qualifying service for award of the KDSM. Therefore, he is entitled to this medal and correction of his DD Form 214 to show this award.
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 the Korea Defense Service Medal 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) AR20130001752
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ABCMR Record of Proceedings (cont) AR20130001752
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