IN THE CASE OF: JOAQUIN, ABEL
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20130010550
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, award of the Korea Defense Service Medal (KDSM).
2. The applicant states, in effect:
* in May 1950 during his assignment in Guam his unit was transferred to South Korea
* he participated in the shipping of combat supplies
* for his physical and mental efforts he believes he is deserving of the medal
* he is unable to locate any documents or medical records
3. The applicant provides:
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* letter, dated 29 August 2011
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. The applicant's DD Form 214 shows he:
* enlisted in the Regular Army on 14 October 1948
* served 1 year, 2 months, and 21 days of foreign service
* was honorably discharged on 20 June 1952
4. There is no evidence which shows he served in Korea.
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.
DISCUSSION AND CONCLUSIONS:
Although evidence shows he had a period of foreign service, there is no specific evidence of record and the applicant has provided no evidence which shows he served a period of qualifying service in Korea (28 July 1954 to a date to be determined) for award of the KDSM. Regrettably, there is insufficient evidence on which to base award of this medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x_____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20130010550
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ABCMR Record of Proceedings (cont) AR20130010550
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