BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130017157
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 record to show the Korea Defense Service Medal (KDSM) and Republic of Korea Presidential Unit Citation (ROKPUC).
2. The applicant states he believes he is eligible for these awards and requests that he be issued these medals and awards.
3. The applicant provides:
* self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record) (pages 1 and 2)
* 7th Infantry Division Certificate of Faithful Service
* Letter of Commendation
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. On 24 July 1959, the applicant enlisted in the Regular Army. He was awarded military occupational specialty 112.00 (Heavy Weapons Infantryman). The highest rank he held was private first class/pay grade E-3.
3. His DA Form 24 shows:
* he received credit for service in the ROK during the period 22 May 1960 to 29 May 1961
* during his tour of duty in the ROK he was assigned to the 2nd Battle Group, 34th Infantry Regiment, 7th Infantry Division, during the period 23 May 1960 to 25 May 1961
4. He was honorably released from active duty on 23 July 1962. He completed 3 years of creditable active service. His amended DD Form 214 for this period of service shows he was awarded or authorized:
* National Defense Service Medal
* Army Good Conduct Medal
5. Army Regulation 600-8-22 (Military Awards) states the KDSM 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 ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
6. Headquarters, Department of the Army General Orders Number 50, dated 9 November 1971, awarded the 7th Infantry Division the ROKPUC for the period 17 September 1950 to 27 March 1971.
DISCUSSION AND CONCLUSIONS:
1. His service met the criteria for award of the KDSM. Therefore, he is entitled to have this medal added to his DD Form 214.
2. The unit he was assigned to while in Korea was awarded the ROKPUC for a period of time that coincided with his period of assignment to that unit. Therefore, his DD Form 214 should be corrected to show this unit award.
3. In view of the foregoing, the applicant is entitled to have his record corrected as shown 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 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 KDSM and ROKPUC to his DD Form 214 and issuing him the medal sets for these awards.
_______ _ 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) AR20130017157
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