IN THE CASE OF:	  

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130013094 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* item 11c (Reason and Authority) – the entry "Return from Korea" instead of "Overseas Returnee"
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – two unspecified medals for service in Korea

2.  The applicant states:

* he had 16 weeks of basic training and he left for Korea 2 weeks later
* he was in Korea until he was discharged
* he should be eligible for two medals for service in Korea, but he cannot get them because his DD Form 214 does not state Korea

3.  The applicant provides no additional evidence.

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 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.  The information contained herein was obtained from his DD Form 214.

3.  The applicant was inducted into the Army of the United States on 10 November 1954.

4.  On 17 August 1956, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group.  His DD Form 214 shows in:

* item 11c – Army Regulation 635-205 (Personnel Separations – Discharge and Release – Convenience of the Government), paragraph 7, with separation program number (SPN) 411
* item 12 (Last Duty Assignment and Major Command) – Company H, 31st Infantry Regiment
* item 24c (Foreign and/or Sea Service) – 1 year, 4 months, and 2 days
* item 26 – Army Good Conduct Medal

5.  Army unit history and lineage records show the 31st Infantry Regiment, 7th Infantry Division, was assigned to Korea during the applicant's period of service.

6.  Department of the Army General Orders Number 50, dated 9 November 1971, awarded the 7th Infantry Division the Republic of Korea Presidential Unit Citation for the periods August 1945 to December 1948 and 17 September 1950 to 27 March 1971.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.

8.  Army Regulation 635-205, paragraph 7, permitted the early separation of Soldiers who were on leave or temporary duty from an overseas organization who, upon completion of such leave or temporary duty, would have less than 60 days before their scheduled separation date.  The assigned SPN was 411.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance for preparation and distribution of separation documents.  It stated that only the authority and SPN would be entered in item 11c of the DD Form 214 and individuals would be assigned an SPN prior to discharge or release from active duty based on their service records and/or the reason for discharge.  An SPN of 411 applied to those individuals who received early separations upon return from overseas.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 properly shows his reason and authority for separation in accordance with the governing regulation in effect at the time.  Therefore, he is not entitled to this portion of his requested relief.

2.  The applicant completed 1 year, 4 months, and 2 days of foreign service.  Unit history records show the 31st Infantry Regiment was assigned in Korea; therefore, it reasonable to presume the applicant was assigned in Korea.

3.  The applicant was assigned to a unit that was cited for award of the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 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 the evidence presented is 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 following awards to his DD Form 214:

* Korea Defense Service Medal
* Republic of Korea Presidential Unit Citation

2.  The Board further determined 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 adding the entry "Return from Korea" to his DD Form 214.



      _______________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)                                         AR20130013094



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ABCMR Record of Proceedings (cont)                                         AR20130013094



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