IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020763
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his race as Caucasian in item 7a. and that he be awarded the United Nations Service Medal (UNSM).
2. The applicant states that his race is Caucasian and it is improperly reflected as NA in item 7a of his DD Form 214.
3. The applicant provides a one-page letter explaining his application and 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 was inducted into the Army of the United States on
12 December 1962. At the time of his induction he indicated on his DD Form 398 (Statement of Personal History) that his race was Caucasian.
3. He completed his basic training and his advanced individual training before being transferred to Korea on 30 November 1963. He served in Korea until
1 December 1964 when he was transferred to Oakland Army Base, CA and he was honorably released from active duty (REFRAD) as an overseas returnee. He served 1 year, 11 months, and 20 days of total active service and his DD Form 214 shows in item 7a that his race was NA and in item 26 that he was awarded the Sharpshooter Marksmanship Badge with carbine bar.
4. On 26 September 2013, the staff of the Board issued the applicant a DD Form 215 (Correction to DD Form 214) adding the awards of the Korea Defense Service Medal and the National Defense Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show his race as Caucasian has been noted and found to have merit. He listed his race as CAU when he was inducted and it should be entered on his DD Form 214 at this time.
2. However, his contention that he should be awarded the UNSM has been noted and found to lack merit as he did not serve in Korea during a qualifying period for that award.
BOARD VOTE:
___X___ ___X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 7a of his DD Form 214 the current entry and replacing it with the entry CAU as shown on his DD Form 398.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the UNSM.
_______ _ 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) AR20130020763
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