IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130019297
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 any awards he is authorized for his service in Korea.
2. He states he served in the "Korea War" for 16 months, but his DD Form 214 only shows that he received the Army Good Conduct Medal.
3. He provides his DD Form 214 and correspondence he received from the Case Management Division, Army Review Boards Agency.
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 (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the DD Form 214 he provides.
3. On 20 September 1955, the applicant was inducted into the Army of the United States. On 3 July 1957, he was honorably released from active duty as an overseas returnee. His DD Form 214 shows in:
* item 12 (Last Duty Assignment and Major Command) Company G, 21st Infantry Regiment, Army Post Office (APO) 24
* item 25c (Foreign and/or Sea Service) 1 year, 4 months, and 11 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) Army Good Conduct Medal
4. A review of historical APO records shows that APO 24 was located in Korea during the applicant's service.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 indicates that he served in Korea for approximately 16 months. Based on this service, he is entitled to correction of his DD Form 214 to show the Korea Defense Service Medal.
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 Korea 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) AR20130019297
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