IN THE CASE OF:	  

		BOARD DATE:	    12 November 2013

		DOCKET NUMBER:  AR20130004874 


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, in effect, correction of his military service records to show his correct date of birth (DOB) and award of the Korea Defense Service Medal (KDSM).

2.  The applicant states his DOB is 2 September XXXX, not 1 September XXXX.
He also states he was assigned to the 366th Engineer Aviation Battalion and that he served in Korea for 11 months and 20 days from December 1953 to December 1954.

3.  The applicant provides a copy of his birth certificate, separation documents, and the KDSM award criteria.

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 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 his records were lost or destroyed in that fire.  However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was inducted and entered active duty on 25 May 1953.  He was honorably released from active duty on 24 May 1955 and transferred to the U.S. Army Military District of New York to complete his Reserve obligation.  

   a.  He completed the Medical Field Service School at Fort Sam Houston, TX on 14 October 1953.  It also shows he completed 2 years of net active service this period that included 11 months and 20 days of foreign service.  

   b.  It further shows in:

    	(1)  item 10 (DOB):  "1 September XXXX"; and

    	(2)  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Korean Service Medal
* Army Good Conduct Medal
* United Nations Service Medal
* National Defense Service Medal

4.  In support of his application the applicant provides a copy of a City of New York, Department of Health, Bureau of Records and Statistics, Certification of Birth, that shows he was born on 2 September XXXX.

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Korean Service Medal (KSM) is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	b.  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 (ROK).  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows his DOB as 1 September XXXX. However, his birth certificate shows his DOB as 2 September XXXX.  Thus, it appears an administrative error occurred when the applicant's DOB was recorded on his DD Form 214.  Therefore, based on the available evidence it would be appropriate at this time to correct the DOB shown on the applicant's 
DD Form 214.

2.  The evidence shows the applicant completed 11 months and 20 days of foreign service.  He was also awarded the KSM and the qualifying period of service for the KSM was between 27 June 1950 and 27 July 1954. 

   a.  The evidence of record shows the beginning date of the qualifying period of service for award of the KDSM is 27 July 1954. 

   b.  The applicant contends that he served in the ROK from December 1953 to December 1954 (which would fit with his completion of his service school, the amount of overseas service he served, and his award of the KSM) and this service qualifies him for the KDSM.  His DD Form 214 supports his contention.

   c.  Therefore, based on the available evidence it would be appropriate to correct the applicant's DD Form 214 to show award of the KDSM.

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.  deleting from item 10 of his 24 May 1955 DD Form 214 the current entry and replacing it with the entry as shown on his Certification of Birth; and

   b.  adding to item 27 of his 24 May 1955 DD Form 214 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)                                         AR20130004874



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ABCMR Record of Proceedings (cont)                                         AR20130004874



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