IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015266
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, the son of the deceased former service member (FSM) requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the National Defense Service Medal (NDSM).
2. The applicant states the FSM served in the U.S. Army from 30 September 1950 to 27 October 1951 and is eligible for award of the NDSM.
3. The applicant provides copies of:
* DD Form 214
* FSM's Certificate of Death
* Applicant's birth certificate
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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this specific request.
3. The FSM's DD Form 214 shows:
* He entered active duty on 30 September 1950
* He served on active duty for 1 year, 1 month, and 10 days
* He had completed 6 years, 9 months, and 6 of prior service
* He was separated on 27 October 1951 and transferred to the Enlisted Reserve
* His characterization of service was honorable
* No awards or decorations for this period of service
4. Army Regulation 600-8-22 as amended provides that the NDSM is awarded for honorable active service for any period 27 July 1950 through 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM's DD Form 214 should be corrected to show award of the NDSM.
2. The FSM's DD form 214 clearly indicates that he served on active duty during a qualifying period for award of the NDSM and received an honorable characterization of service. Therefore, his DD form 214 should be corrected to show the NDSM.
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 the National Defense Service Medal 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) AR20130015266
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130015266
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090006837
BOARD DATE: 20 January 2010 DOCKET NUMBER: AR20090006837 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130002517
The applicant, the daughter of a deceased former service member (FSM), requests correction of her late father's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 September 1953 to show two awards of the Purple Heart. The applicant states the FSM's DD Form 214 for the period 28 November 1950 to 1 September 1953 shows he received wounds to his right thigh and right buttock. The entry in item 29 of the FSM's DD Form 214 for the period ending...
ARMY | BCMR | CY2009 | 20090000731
The FSMs DD Form 214 shows he was awarded the Korean Service Medal; therefore, he is entitled to award of the United Nations Service Medal and correction of his records to show this award. The evidence of record shows that the FSM served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090008973
Application for correction of military records (with supporting documents provided, if any). The FSM's DD Form 214 shows the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, and the United Nations Service Medal as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding to him the Purple Heart for wounds received in action on 16 September 1951 in...
ARMY | BCMR | CY2008 | 20080019324
Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart with first oak leaf cluster, for wounds received as a result of hostile action in Korea on 26 June 1951 and 13 October 1951; b....
ARMY | BCMR | CY2014 | 20140004117
The FSM's military record is not available to the Board for review. The evidence shows the FSM completed a qualifying period of service for award of the NDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the AGCM (1st Award) for the period 19 October 1948 through 18 October 1951; and * adding to his DD Form 214 the: * NDSM * AGCM (1st Award) _______ _ __X_____ ___ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2011 | 20110018068
The applicant requests correction of the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his father, a former service member (FSM), to show award of the Combat Infantryman Badge (CIB), National Defense Service Medal, and United Nations Service Medal. The FSM's service dates in Korea are not known; however, he was issued a DD Form 214 that credited him with completing 8 months and 13 days of foreign service and showing he was assigned to Company L, 34th...
ARMY | BCMR | CY2008 | 20080012878
The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. There is no evidence of record, and the applicant has provided insufficient evidence, which shows that the FSM was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action in Korea. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090003580
The applicant, the son of a deceased former service member (FSM), requests that his father's records be corrected to show entitlement to the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Republic of Korea Presidential Unit Citation (ROKPUC), and Republic of Korea War Service Medal (ROKWSM); and that he be provided a correction to the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) that includes these awards. Further, his NPRC file...
ARMY | BCMR | CY2009 | 20090013120
Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive. In regards to the FSMs rank at the time of his REFRAD, the available evidence of record does not contain any evidence to show that he was promoted to the rank of staff sergeant while he was on active duty. As a result, the Board recommends that all...