BOARD DATE:  13 January 2015

		DOCKET NUMBER:  AR20140008972


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 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Korean Service Medal.

2.  The applicant states he was assigned to Company B, 430th Engineer Construction Battalion in the Republic of Korea from January 1951 to April 1952.

3.  The applicant provides copies of:

* DD Form 214 (Copy Number 1)
* A claim form from the Department of Veterans' Affairs, State of Illinois, dated 16 May 2014

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant’s DD Form 214 shows:

	a.  on 17 July 1950, he enlisted in the Regular Army;

	b.  his most significant duty assignment was with Company B, 430th Engineer Construction Battalion in Korea (as indicated by the Army Post Office Number 20);

	c.  his foreign and/or sea service was for 9 months and 7 days;

	d.  his awards as "NA"; and

	e.  on 16 July 1953, he was honorably released from active duty.

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Korea.  This publication shows that the 430th Engineer Construction Battalion participated in seven campaigns between 25 January 1951 and 27 July 1953.

5.  Army Regulation 600-8-22 (Military Awards):

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.

	b.  The Korean Service Medal is awarded to Soldiers who performed duty on permanent assignment; on temporary duty for 30 consecutive days, or 60 nonconsecutive days; or were in active combat against the enemy and were awarded a combat decoration or an individual certificate by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit. The regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is awarded for each campaign period.  There were seven campaigns between 25 January 1951 and 27 July 1953, with the longest one only being 7 months.

	c.  The United Nations Service Medal.  The regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	d.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 
30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Korean Service Medal.

2.  The available evidence shows that the applicant's most significant assignment was with the 430th Engineer Construction Battalion.  Records show this unit served in the Republic of Korea from 1951 to 1953, a period that corresponds with the dates of the applicant's service.  Therefore, it is evident that he served in the combat theater.  Unfortunately, the exact dates of his combat service cannot be determined from the available documents.  However, his DD Form 214 indicates he was overseas for more than 9 months.  Accordingly, it would be appropriate to award him the Korean Service Medal with two bronze service stars.

3.  Based on the above, it would also be appropriate to award the applicant the following medals as a result of his honorable active duty service and service in the Republic of Korea:

* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War 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 to his DD Form 214 the:

* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal



      ___________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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                         AR20140008972



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