IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009801
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 the Korea Defense Service Medal.
2. The applicant states the Korea Defense Service Medal was created in 2002. He meets the eligibility criteria as he served in Korea with Company A, 127th Signal Battalion, in 1957. He was just made aware that he is entitled to this medal.
3. The applicant provides his DD Form 214 and three pages titled Korea Defense Service Medal.
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 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. However, his reconstructed record contains, and he provided, his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 9 February 1956 and he held military occupational specialty 051.10 (Radio Operator). He was promoted to the rank/grade of private first class (PFC)/E-3 on 25 September 1957.
4. He was honorably released from active duty on 3 December 1957 in the rank of PFC and he was transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 25 days of creditable active service.
5. The DD Form 214 he was issued shows the following entries:
* item 11c (Reason and Authority) - Overseas Returnee
* item 12 (Last Duty Assignment and Major Command) - Company A, 127th Signal Battalion
* item 24c (Foreign and/or Sea Service) - 1 year, 3 months, and 14 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) - Army Good Conduct Medal (1st Award)
6. A review of the history of the 127th Signal Battalion shows the unit was located in Korea during the time the applicant was assigned to the unit.
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. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was released from active duty on 3 December 1957 as an overseas returnee and his last unit of assignment was with the 127th Signal Battalion, Korea. Although the specific dates of his service in Korea are not known, his DD Form 214 shows he had completed over 1 year of foreign service. It is reasonable to presume he served in Korea for at least 30 consecutive days and served during a qualifying period for entitlement to award of the Korea Defense Service Medal. Therefore it would be appropriate to correct his DD Form 214 accordingly.
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 amending his DD Form 214 by adding the Korea Defense 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) AR20140009801
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ABCMR Record of Proceedings (cont) AR20140009801
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