IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140012114
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 United Nations Service Medal.
2. He does not provide a reason for his request.
3. He provides his 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 military records are not available to the ABCMR 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. This case is being considered using the documents provided by the applicant.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 15 December 1950. Item 19 (Date and Place of Entry into Active Service) of his DD Form 214 lists the year as 1952 instead of 1950.
4. The exact dates of his service in the Republic of Korea are unknown; however, his DD Form 214 credits him with 5 months and 23 days of foreign service.
5. He was honorably released from active duty on 15 September 1952. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Combat Infantryman Badge
* Purple Heart
* Korean Service Medal with one bronze service star
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.
c. 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 evidence of record shows the applicant was awarded the Korean Service Medal with one bronze service star. Therefore he is entitled to award of the United Nations Service Medal and correction of his DD Form 214 to show this award.
2. In accordance with the applicable regulation, he is authorized the National Defense Service Medal based on his service from 15 September 1950 through 15 December 1952. Therefore, it would be appropriate to correct his DD Form 214 to show this medal.
3. Although the exact dates of his service in the Republic of Korea are unknown, the evidence of record shows he served 5 months and 23 days of foreign service, presumably in Korea, between his date of entry on active duty (15 December 1950) and his effective date of his separation (15 December 1952). Therefore, he is entitled to correction of his DD Form 214 to show the Republic of Korea War Service Medal.
4. The evidence of record also shows his record incorrectly shows his year of entry on active duty as 1952 instead of 1950, the same year of his induction. Therefore, although not requested, his DD Form 214 should be corrected 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:
a. deleting from item 19 of his DD Form 214 the year "1952" and adding "1950" and
b. adding to item 27 of his DD Form 214 the:
* National Defense Service Medal
* 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) AR20140012114
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140012114
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120003612
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of any awards and decorations to which he is entitled, to include the: * National Defense Service Medal * United Nations Service Medal (Korea) * Army Good Conduct Medal * Korean Service Medal with all bronze service stars * Republic of Korea Korean (War) Service Medal * Republic of Korea Presidential Unit Citation * Army of Occupation Medal with Japan Clasp *...
ARMY | BCMR | CY2012 | 20120004821
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Korean Service Medal with three bronze service stars. The applicants military records are not available to the Board for review. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to add to his DD Form 214 the: * United Nations Service Medal * Republic of Korea War Service Medal *...
ARMY | BCMR | CY2010 | 20100008985
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 service in Korea and any awards and decorations associated with this service. His DD Form 214 shows he completed 4 years of creditable military service during this period, of which 1 year, 4 months, and 24 days was foreign service. From 1951 to 1962, item 26 (Foreign and/or Sea Service) of the DD Form 214 in effect at the time showed the total...
ARMY | BCMR | CY2010 | 20100026577
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) by showing three bronze service stars on his Korean Service Medal (KSM). The applicant's military records are not available to the Board for review. The applicant's DD Form 214 shows: * he was called to active duty on 28 September 1950 at Camp Breckenridge, KY * although an exact date of departure is not available, it appears he was immediately ordered to Korea * he served...
ARMY | BCMR | CY2012 | 20120006668
He also states he was awarded the: * Army Good Conduct Medal * National Defense Service Medal * Korean Service Medal * Korea Defense Service Medal * Korean War Commemorative Medal * Combat Infantryman Badge 4. The available evidence does not show he completed a qualifying period of service in Korea on or after 28 July 1954 for award of the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2014 | 20140008972
The applicant's military records are not available for review. 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. 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...
ARMY | BCMR | CY2011 | 20110013855
Application for correction of military records (with supporting documents provided, if any). At the time of his service, foreign service was documented in item 26 of the DD Form 214. Therefore, the Board requests that the Army Review Boards Agency Case Management Division administratively correct the records of the individual concerned by adding to item 27 of his DD Form 214 the: * United Nations Service Medal * National Defense Service Medal * Republic of Korea War Service Medal _______ _...
ARMY | BCMR | CY2010 | 20100028184
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his Prisoner of War (POW) status during the Korean War. Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service...
ARMY | BCMR | CY2011 | 20110011211
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 National Defense Service Medal and Republic of Korea War Service Medal. The evidence of record confirms the applicant served a qualifying period for award of the National Defense Service Medal, which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2010 | 20100014475
The applicants military records are not available to the Board for review. On 6 January 2010, the ABCMR sent him a letter stating a review of his records showed a DD Form 215 was issued on 29 August 2006 which awarded him the Korean Service Medal with two bronze service stars. ____________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.