IN THE CASE OF:	  

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130004027 


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 (Report of Separation from the Armed Forces of the United States) and issue of all his authorized awards.

2.  The applicant states, in effect, that several medals have been authorized since he was discharged.  He believes he should be authorized the Korean Defense Service Medal, the Armed Forces Expeditionary Medal, and several commemorative medals.  He indicates he holds the National Defense Service Medal, Korean Service Medal, United Nations Service Medal, and the Korean Presidential Unit Citation.  

3.  The applicant provides a copy of an extract from a commercial awards company catalog on which he has indicated the medals he holds and those he believes he should be authorized. 

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records were destroyed, or lost, in that fire.  

3.  The available record shows he was inducted and served on active duty from 19 March 1953 to 27 January 1955 when he was honorably released from active duty and transferred to the U.S. Army Reserve.  It is impossible to tell exactly when he arrived and departed Korea.  However he had 1 year and 5 months of foreign service.

4.  The applicant's DD Form 214 lists his authorized awards as the Korean Service Medal, National Defense Service Medal, United Nations Service Medal, Republic of Korea Presidential Unit Citation and the Good Conduct Medal.

5.  Army Regulation 600-8-22 (Military Awards): 

	a.  States the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The final campaign period, Summer 1953, lasted from 1 May through 27 July 1953.

	b.  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.  

	c.  States the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  

	d.  Lists no commemorative medal as an authorized award.

6.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  Award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document
DISCUSSION AND CONCLUSIONS:

1.  The applicant asks to have his DD Form 214 updated to show all his authorized awards.

2.  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 subsequent to 28 July 1954.  

3.  The exact dates of his service in Korea cannot be established from the available records.  However, he must have been in Korea subsequent to 28 July 1954; because, he had 1 year and 5 months and 5 days of foreign service.  This equals almost his entire tour of active duty less average times for training and travel.

4.  He is eligible for award of the Korea Defense Service Medal and it should be added to his DD Form 214.

5.  The Armed Forces Expeditionary Medal was not authorized until 1958.  The applicant is not eligible.

6.  No commemorative medals are authorized awards.

7.  In view of the foregoing findings and conclusions, partial relief as outlined below is appropriate.  it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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 amending his DD Form 214 to add the Korea Defense Service Medal.

2.  The Board further determined that 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 Armed Forces Expeditionary Medal and/or any commemorative medals to his authorized awards.  




      _______ _  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)                                         AR20130004027





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ABCMR Record of Proceedings (cont)                                         AR20130004027



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