IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130018058
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 award of the Republic of Korea Presidential Unit Citation.
2. The applicant states that this award was retroactively authorized to every unit of the U.S. Army having deployed to Korea between 1950 and 1954.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* U.S. Medals website printout
* 3rd Engineer Battalion History (source: Military.com Unit Pages)
* National Personnel Records Center letter, dated 13 December 2012
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 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 that his 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. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 5 March 1953. This form also shows at the time of his separation his most significant duty assignment (i.e., last duty assignment) was with Company C, 3d Engineer Combat Battalion (Dec 53-Dec 55, 24th Inf Div 7th Div 13th C Eng Dec 54-Feb 55 is handwritten in this same area).
4. His DD Form 214 further shows he completed 1 year, 11 months, and 17 days of creditable active service and with no lost time. He also completed 1 year,
2 months, and 19 days of foreign service.
5. He was honorably released from active duty on 21 February 1955. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* United Nations Service Medal
* Korean Service Ribbon
6. On 15 June 2005, he was issued a DD Form 215 adding the Korea Defense Service Medal to his DD Form 214.
7. Department of the Army General Orders Number 24, dated 1954, awarded selected units, including the 3rd Engineer Combat Battalion, 24th Infantry Division, the Republic of Korea Presidential Unit Citation for service from 11 July 1952 to 1 October 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show award of the Republic of Korea Presidential Unit Citation.
2. The fact that he served in Korea, is not in question; however, the exact dates of his service cannot be determined based on the available evidence. The handwritten periods of service shown on his DD Form 214 indicate that he was assigned to the 3rd Engineer Combat Battalion from December 1953 to December 1955 yet there is no evidence to corroborate his foreign service and a handwritten entry on a DD Form 214 is not an official source to verify information. In any case, the ending period for award of the Republic of Korea Presidential Unit Citation was 1 October 1953 and the handwritten period of service shown on his DD Form 214 begins in December 1953; therefore, he would not be entitled to the award if these dates were found to be correct.
3. Lacking definitive evidence of his foreign service dates, there is an insufficient evidentiary basis for granting the applicant's request.
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) AR20130018058
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ABCMR Record of Proceedings (cont) AR20130018058
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