IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130004672
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) to show award of the Korea Defense Service Medal (KDSM).
2. The applicant states:
a. His DD Form 214 shows he served 1 year, 4 months, and 17 days of foreign service, but the foreign service location is unclear.
b. He tried to join the Veterans of Foreign Wars (VFW) because he served in Korea in the mid-1950's, but he was told membership was conditional upon proof of foreign service location and entitlement to the Korean Service Medal or KDSM.
3. The applicant provides:
* VFW leaflet pertaining to the KDSM
* Honorable Discharge Certificate
* 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 that the applicant's records were lost or destroyed in that 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 4 August 1954. His most significant duty assignment (last unit of assignment) is shown as the 618th Medical Company. He was honorably released from active duty on 25 May 1956. He completed 1 year, 9 months, and 22 days of net active service that included 1 year, 4 months, and 17 days of foreign service.
4. His DD Form 214 shows he was awarded the Army Good Conduct Medal.
5. The U.S. Army Combined Arms Center website shows the 618th Medical Clearing Company was attached to the X Corps in Korea. Information obtained from an Army Medical Department Journal also states the 618th Medical Clearing Company served in Korea.
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 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:
Since the applicant's last unit of assignment, the 618th Medical Company, served in Korea, it is reasonable to presume the foreign service shown on his DD Form 214 was performed in Korea. Therefore, it appears that he served a qualifying period for award of the KDSM. His DD Form 214 should be corrected 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 award of the KDSM 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) AR20130004672
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ABCMR Record of Proceedings (cont) AR20130004672
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