IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130011749
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 (Report of Separation from the Armed Forces of the United States) to show he was awarded or authorized the Korean Service Medal (KSM) instead of the National Defense Service Medal (NDSM).
2. The applicant states his DD Form 214 should show he was awarded the KSM, since he was in the far-east theater, on stand-by for support to forces in the Republic of Korea, if needed. He states he served in the adjacent areas of Japan, Okinawa, the Sea of Japan, and the Yellow Sea. He states his service was in direct support of operations in the Republic of Korea.
3. The applicant provides two different extracts of his DD Form 214 and an extract of his Honorable Discharge statement.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 the applicants 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. On 13 February 1952, the applicant was inducted into the Army of the United States. He entered active duty, completed his initial entry training, and was awarded military occupational specialty 1745 (Light Weapons Infantryman).
4. On 16 June 1955, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed a total of 3 years, 4 months, and 4 days of total active service, including 2 years, 10 months, and 14 days of foreign service. His most significant duty assignment (i.e., last duty assignment) was with Company A, 8th Cavalry Regiment.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the NDSM. It does not show he was awarded or authorized the KSM.
6. His reconstructed record does not contain any documentation that details either his units of assignment or any other details related to his foreign service (i.e., periods served and locations).
7. He provides his DD Form 214; however, this document does not establish the periods or location of his foreign service.
8. Army Regulation 600-8-22 (Military Awards) provided for the following awards:
a. The KSM is awarded for qualifying service in the Theater of operations between 27 June 1950 and 27 July 1954 under any of the following conditions: (1) within the territorial limits of Korea or in waters immediately adjacent thereto; or (2) with a unit under the operational control of the Commander-in-Chief, Far East (CINCFE), other than one within the territorial limits of Korea, which has been designated by the CINCFE as having directly supported the military efforts in Korea. The service must have been performed while on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the applicant's sincerity, the available record does not contain any evidence, nor did he provide sufficient evidence, that establishes his service in Korea or any adjacent areas while under the operational control of CINCFE during a qualifying period for award of the KSM. Regrettably, there is an insufficient basis for correction of his records to show this award.
2. The applicant contends his DD Form 214 should show he was awarded the KSM in lieu of the NDSM. The evidence of record shows he served a qualifying period of service for award of the NDSM; therefore, his DD Form 214 is correct with respect to the entry pertaining to the NDSM.
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) AR20100017758
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ABCMR Record of Proceedings (cont) AR20130011749
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