BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140000440
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 his service in Korea.
2. The applicant states he served in Korea from January 1956 until January 1957 and it is not shown on his DD Form 214.
3. The applicant provides:
* DD Form 214 (two copies)
* DA Form 1 (Morning Reports), dated 7 August, 21 August, and 22 August 1956
* Army and Air Post Offices Numerical Listing
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 31 March 1954. He completed training as a morse interceptor.
4. The available records do not show the date the applicant arrived in Korea. However, the available records include a DA Form 1 showing that on 7 August 1956, he was in Korea and was assigned to Company A, 301st Army Security Agency (ASA) Battalion. The records also include a DA Form 1 showing he was in Korea and was assigned to the same company and battalion through 22 August 1956.
5. The available records do not show the date the applicant departed Korea. However, his DD Form 214 shows he was honorably released from active duty on 4 February 1957, at the expiration of his term of service. Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he had 11 months and 18 days of foreign service. It also shows his last duty assignment was Company A, 301st ASA Battalion.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or REFRAD. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's discharge states that the total amount of foreign service completed during the period covered by the DD Form 214 would be entered in Item 24c.
7. 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:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The applicant's foreign service is appropriately shown in item 24c on his DD Form 214. The regulation in effect at the time of his REFRAD did not provide for the country the applicant served in to be shown on the DD Form 214. The regulation only required that the total amount of foreign service completed during the period covered by the DD Form 214 be entered in Item 24c.
3. However, there is evidence showing that he was in Korea on 7 August 1956 and there is evidence showing that in February 1957 he was still in Korea. It is reasonable to presume that he had, at the very least, 30 days of service in Korea included in the 11 months and 18 days of foreign service shown in item 24c on his DD Form 214. This makes him eligible to be awarded the Korea Defense Service Medal. Adding this award to his DD Form 214 would show he served in Korea.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ __X___ 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 adding to his DD Form 214 the Korea Defense Service Medal.
2. The Board further determined that the evidence presented was 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 otherwise listing his service in Korea on 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.
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