BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130011727
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 award of the Korea Defense Service Medal.
2. The applicant states, in effect, that he served with the 5th Ordnance Company (Direct Support) in Korea and his records should reflect the medals he earned.
3. The applicant provides:
* DD Form 214 for the period ending 9 July 1959
* Headquarters, 7th Infantry Division Hunting Permit, dated 24 September 1957
* Memorandum, National Personnel Records Center (NPRC), St. Louis, MO, dated 30 May 2013
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 NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. The case is being considered using partially reconstructed pay records, his
DD Form 214, and documents provided by the applicant.
3. The applicant's DD Form 214 shows:
* he enlisted in the Regular Army on 10 July 1956 for a 3-year period
* his military occupational specialty was 421.10 (Small Arms Repairman)
* he did not receive any awards during his period of service
* he was honorably released from active duty on 9 July 1959 and transferred to the U.S. Army Reserve
* he completed 3 years of total creditable active military service and the highest grade he held was private first class (PFC) (temporary)
* he completed 1 year, 3 months, and 12 days of foreign and/or sea service
4. His military pay records show he reported the 5th Ordnance Company (Direct Support), Korea on 1 April 1957.
5. The applicant provides a letter from the NPRC authorizing shipment of the Korea Defense Service Medal based on documents found in his record.
6. He also provides a copy of his hunting permit issued by the Headquarters, 7th Infantry Division, Korea, dated 24 September 1957. This document shows the applicant was assigned to the 5th Ordnance Battalion at the time the permit was granted.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
The applicant served a qualifying period of service in Korea for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this service medal.
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 adding to his 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) AR20130011727
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