IN THE CASE OF:	  

		BOARD DATE:	    2 January 2014

		DOCKET NUMBER:  AR20130007777 


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 the Korea Defense Service Medal (KDSM) and National Defense Service Medal (NDSM) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He further requests that his rank/grade be corrected to show he was a specialist four (SP4) at the time of his separation.  

2.  The applicant states:

* he was on active duty from 7 July 1954 to 3 July 1956
* he served in Korea from 31 January 1954 to 28 May 1956 with the Korean Military Advisory Group (KMAG), 8202th Army Unit (AU)
* he was recently informed he qualified for the KDSM and NDSM which were never recorded on his DD Form 214
* his rank at separation was specialist three (SP3)/corporal which was pay grade E-4
* pay grade E-4 is now SP4
* the SP3 on the DD Form 214 and SP4 on his actual discharge 6 years later is probably due to a change in title/rank for pay grade E-4   

3.  The applicant provides a copy of his 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 7 July 1954.  His most significant duty assignment (last unit of assignment) is shown as the KMAG 8202th AU.  He was honorably released from active duty on 
3 July 1956.  He completed 1 year, 11 months, and 27 days of net active service that included 1 year, 4 months, and 28 days of foreign service.  His rank/grade at the time of separation was SP3/E-4.

4.  His DD Form 214 shows he was awarded the Army Good Conduct Medal.

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 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.

6.  Army Regulation 600-8-22 states the NDSM 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.  



7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant's last unit of assignment, KMAG 8202th AU, 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.

2.  He served during a qualifying period of service for entitlement to the NDSM.  Therefore, his DD Form 214 should be corrected to show this award.  

3.  Army policy provides the DD Form 214 should reflect the rank and grade at time of separation.  There is no provision for amending a DD Form 214 to reflect titles for ranks that were implemented after a Soldier's period of service covered by the DD Form 214.  Therefore, he is not entitled to have his rank and grade changed on his DD Form 214.  

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 adding the KDSM and NDSM to his DD Form 214.


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 amending his rank/grade to show he was a SP4 at the time of his separation.  



      _______ _ 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)                                         AR20130007777





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ABCMR Record of Proceedings (cont)                                         AR20130007777



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