BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130015805
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 award of the Korea Defense Service Medal and its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states the Korea Defense Service Medal was issued to all personnel serving in Korea from 1954 to the present. He served in Korea from 1953 to 1954.
3. The applicant provides a copy of his DD Form 214.
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 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, a reconstructed record contains sufficient documentation and those which were submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available military records show he was inducted into the Army of the United States on 17 March 1953. He held military occupational specialty 1641 (field fireman). He was assigned to the 40th Signal Battalion.
4. He was honorably released from active duty on 7 January 1955. He was credited with completion of 1 year, 9 months, and 21 days of net active service and 1 year, 4 months, and 15 days of foreign service. His DD Form 214 lists the National Defense Service Medal, United Nations Service Medal, and Korean Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Korea Defense Service Medal is awarded 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 from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days.
b. The Republic of Korea War Service Medal 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. The service prescribed must have been performed as follows: (a) while on permanent assignment, (b) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (c) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, does not show his unit, the 40th Signal Battalion, was cited for any unit citations, commendations, or awards during his period of service.
DISCUSSION AND CONCLUSIONS:
The applicant served a qualifying period of service for award of the Korea Defense Service Medal and Republic of Korea War Service Medal. He is therefore entitled to these awards and correction of his DD Form 214 to show these awards.
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 the applicant's DD Form 214 the Korea Defense Service Medal and Republic of Korea War 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) AR20130015805
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