IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140002844
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korean Service Medal. He also requests the issuance of the Korean Service Medal.
2. The applicant states:
* he served in Korea from 1956 to 1957
* his DD Form 214 does not list his service in Korea
* he did not receive the medals he earned while serving his country in a war zone
3. The applicant provides:
* statements from a former Soldier
* DD Form 214
* four photographs
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 and medical 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 the applicant's records were lost or destroyed in that fire. The case is being considered using the DD Form 214 and statement from a former Soldier provided with the application.
3. The applicant was inducted into the Army of the United States on 16 May 1955.
4. On 17 April 1957, he was honorably released from active duty. He completed 1 year, 11 months, and 2 days of creditable active service.
5. His DD Form 214 shows in:
* Item 12 (Last Duty Assignment or Command) Headquarters Battery, 11th Field Artillery Battalion
* item 24c (Foreign and/or Sea Service) 1 year, 5 months, and 8 days
* item 25a (Specialty Number) 051 (Radio Operator)
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) Army Good Conduct Medal
6. The applicant provided a statement from a former Soldier he was assigned with overseas. The former Soldier states:
* the applicant joined his company, Headquarters Company, 11th Field Artillery Battalion, 24th Artillery Division, in 1956; prior to joining his company he had already served in Okinawa
* he and the applicant served on a hill a few miles south of the 38th Parallel
* the applicant was a radioman for the company
* the applicant continued to be of service to his country as a U.S. Postal Carrier after his discharge
7. The applicant also provided four photographs that he indicated are of him while he was stationed in Korea.
8. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states:
a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
b. 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. Although the applicant requested award of the Korean Service Medal, the available evidence shows he was not serving on active duty during the qualifying period of eligibility.
2. He was serving on active duty during a qualifying period of eligibility for award of the Korea Defense Service Medal; however, there is no verifiable evidence in the available records such as orders or morning reports that shows he was assigned in Korea. Regrettably, the statement provided by his former comrade is insufficient evidence to support award of the Korea Defense Service Medal.
3. In view of the foregoing, there is no basis for granting the requested relief.
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 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) AR20140002844
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ABCMR Record of Proceedings (cont) AR20140002844
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