BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130005778
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 his accurate Social Security Number (SSN) and the Korea Defense Service Medal.
2. The applicant states the SSN shown on his DD Form 214 is a combination of his SSN and his service number. He states he was never awarded the Korea Defense Service Medal and he exceeded the minimal time requirement for the award.
3. The applicant provides:
* Letter of Referral to the Army Review Boards Agency, dated 19 March 2013
* DD Form 214, dated 12 December 1963
* Form SSA-1099-SM (Social Security Benefit Statement)
* Social Security Card
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 enlisted in the Regular Army on 6 January 1961. At the time of his enlistment, he received the service number that is listed on his DD Form 4 (Enlistment Record Armed Forces of the United States) and this same service number is shown on every document in his Army Military Human Resource Record requiring its use.
3. On 6 January 1961, the applicant completed a DD Form 93 (Record of Emergency Data) using the SSN shown on the Social Security Card and the Form SSA-1099 he submits as part of his evidence.
4. He arrived in Korea on 17 June 1961. On 4 August 1962, the applicant departed Korea en-route to the United States. After completing 2 years, 11 months, and 7 days of total active service, he was honorably released from active duty at the expiration of his term of service.
5. The applicant's DA Form 24 (Service Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge (Rifle M-1) on 4 May 1962 and the Marksman Marksmanship Qualification Badge (Carbine) on 16 October 1963.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows he was awarded the Good Conduct Medal. Item 32 (Remarks) shows an inaccurate SSN.
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows he is authorized the Korea Defense Service Medal and additional awards not currently shown on his DD Form 214. The available evidence also substantiates the applicant's contentions that the SSN shown in item 32 on his DD Form 214 is not accurate.
3. In view of the foregoing, it would now be appropriate to correct the applicant records as recommended below.
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. Amending item 26 on his DD Form 214 to add the Korea Defense Service Medal, the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge (Rifle M-1), and the Marksman Marksmanship Qualification Badge (Carbine).
b. Amending item 32 of his DD Form 214 to show the SSN shown on the Social Security Card and the Form SSA-1099 he submitted as part of his evidence.
_______ _ __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) AR20130005778
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ABCMR Record of Proceedings (cont) AR20130005778
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