IN THE CASE OF:  	  

		BOARD DATE:  15 January 2015	  

		DOCKET NUMBER:  AR20140009774 


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 award of the Korean Service Medal and Korea Defense Service Medal.  He also requests reissuance of all of his medals.

2.  The applicant states he served with the 24th Infantry Division in Korea after July 1954.

3.  The applicant provides a 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's complete 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 his records were lost or destroyed in that fire.  However, there are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant requested reissuance of all of his medals.  However, service medals and awards are not issued by the ABCMR.  He may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

4.  The applicant's records show he was inducted into the Army of the United States on 9 March 1954.

5.  His DA Form 20 (Enlisted Qualification Record) shows he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) on 6 November 1954.

6.  His DA Form 24 (Service Record) shows he served in Korea from 28 August 1954 to 3 December 1955.  It also shows he received "excellent" conduct and efficiency ratings throughout his active duty service with the exception of "unknown" ratings for the initial 8-day period at the reception station.

7.  His records are void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

8.  He was honorably released from active on 22 December 1955 after completing 1 year, 9 months, and 14 days of active duty service with no lost time. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 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.

10.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent," except that ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 would not be disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Korean Service Medal and Korea Defense Service Medal was carefully considered.

2.  His DA Form 24 shows he served in Korea from 28 August 1954 to 3 December 1955.  Therefore, he is authorized award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

3.  The Korean Service Medal is awarded for qualifying service in Korea between 27 June 1950 and 27 July 1954.  However, he arrived in Korea on 28 August 1954.  Therefore, he is not eligible for award of the Korean Service Medal.  As a result, this portion of his request should be denied.

4.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service with the exception of "unknown" ratings for the initial 8-day period at the reception station and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 9 March 1954 to 22 December 1955 and to add this award to his DD Form 214.

5.  His DA Form 20 shows he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) on 6 November 1954.  Therefore, this badge should be added to his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 9 March 1954 to 22 December 1955 and

	b.  adding the following awards to his DD Form 214:  Army Good Conduct Medal (1st Award), Korea Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

2.  The Board further determined 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 award of the Korean 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)                                         AR20140009774



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ABCMR Record of Proceedings (cont)                                         AR20140009774



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