IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004321
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 (Report of Separation from the Armed Forces of the United States) to show his duty assignment in Korea. He also requests any awards and decorations to which he may be entitled for his service in Korea.
2. The applicant states:
* he served in the Korean War from 1955 to 1956
* he served with the 204th Field Artillery and 969th Field Artillery
* upon his discharge from the Army, the administrative clerk did not annotate his papers to reflect his service in Korea
* in 1973 the fire at the National Personnel Records Center destroyed his military records
3. The applicant provides two pay documents from 1955.
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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant those and remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows:
* he was inducted into the Army of the United States on 9 August 1954
* he received the Army Good Conduct Medal
* in item 26 (foreign and/or sea service) he served 1 year, 5 months, and 18 days of foreign service
* he was honorably released from active duty (REFRAD) on 12 March 1956
4. He provides pay documents, dated November 1954 to February 1955, which show he was assigned to the 204th Field Artillery Battalion in Korea. He also provides pay documents, dated March 1955 to September 1955, which show he was assigned to the 969th Artillery Battalion in Korea.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states the Korean War commenced on 27 June 1950 and ended on 27 July 1953.
7. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) 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. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for adding his duty assignment in Korea to his DD Form 214. It appears his service in Korea is properly shown in item 26 of his DD Form 214.
2. The evidence of record shows the applicant was inducted on 9 August 1954 and he was REFRAD on 12 March 1956. Although he contends he served in the Korean War, the Korean War commenced on 27 June 1950 and ended on
27 July 1953.
3. He served a period of qualifying service for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this award.
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 award of the KDSM.
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 adding his duty assignment 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.
ABCMR Record of Proceedings (cont) AR20140004321
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004321
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080004663
Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. The applicant served on active duty during a qualifying period of time for award of the Korea Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 14 June 1953; and b. showing on his DD Form 214, effective 15 April 1955, that his authorized awards include...
ARMY | BCMR | CY2014 | 20140011210
The applicant's complete military records are not available for review. Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the UN during the period between 27 June 1950 and 27 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st...
ARMY | BCMR | CY2007 | 20070017220
Counsel states that service medical records verify the applicant was wounded in action. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 29 November 1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on 30 November 1950; b. adding the Purple Heart with First Oak Leaf...
ARMY | BCMR | CY2010 | 20100021490
Application for correction of military records (with supporting documents provided, if any). His military records are not available to the Board for review. This form also shows in: * item 3 the entry PVT-2 (P) [Permanent) 22 April 1955 * item 26 (Foreign and/or Sea Service) the entry 10 months and 26 days * item 27 the National Defense Service Medal * item 28 (Most Significant Duty Assignment) the entry Radio Operator, Headquarters and Headquarters Company (HHC), 34th Infantry Regiment *...
ARMY | BCMR | CY2004 | 20040004136C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2005 DOCKET NUMBER: AR20040004136 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he completed the Noncommmissioned Officers Academy and to show he is authorized...
ARMY | BCMR | CY2006 | 20060007568
It is authorized for award to member of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Although the applicant requested that he be awarded the Republic of Korea Korean War Service Medal, it does not appear that the applicant could have served in Korea for 30 consecutive days by 27 July 1953, the ending date for qualifying purposes for award of the Republic of Korea Korea War Service Medal. Therefore, he is...
ARMY | BCMR | CY2006 | 20060017709C071029
Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. By regulation, the KDSM is authorized to members who service in Korea for 30 consecutive or 60 non-consecutive days during the period 28 July 1954 to a date to be determined.
ARMY | BCMR | CY2008 | 20080017366
The applicant requests, in effect, awards and decorations for his service in Korea. The applicants military records are not available to the Board for review. There is no evidence of record which shows the applicant served in Korea.
ARMY | BCMR | CY2010 | 20100014043
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal. (2) The applicant served a qualifying period for award of the Korea Defense Service Medal from 4 August 1954 to 17 November 1955. Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.
ARMY | BCMR | CY2009 | 20090019724
The applicant's military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states the KDSM 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. ____________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.