IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012435 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show:

* Korean Service Medal
* United Nations Service Medal
* any authorized unit awards
* any authorized marksmanship qualification badges

2.  The applicant states the above awards were omitted from his DD Form 214.

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 the applicant's records were lost or destroyed in that fire.  He provides a DD Form 214 and all that could be located after an exhaustive search by the National Archives and Records Administration was the order, dated 4 November 1955, issued by Headquarters, 6023rd SU Personnel Center, which released the applicant from active duty to U.S. Army Reserve Control Group (Reinforcement).

3.  The DD Form 214 provided by the applicant shows he was inducted into the Army of the United States on 13 January 1954.  At the time of his honorable release from active duty, he held the rank/grade of private first class/E-3.  His military occupational specialty is shown as 510.00 (Construction Helper).  

4.  His DD Form 214 shows he completed 6 weeks of basic combat construction foreman training.

5.  His DD Form 214 also shows his most significant duty assignment was as a construction helper in Company C, 76th Engineer Battalion deployed in Korea.

6.  His DD Form 214 shows he was honorably released from active duty on 4 November 1955.  His total creditable active service was 1 year, 9 months, and 22 days.  His foreign and/or sea service is shown as 1 year, 4 months, and 2 days (equivalent to the period from on or about 3 July 1954 through on or about 4 November 1955).  He was awarded or authorized the following:

* National Defense Service Medal
* Good Conduct Medal

7.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards and decorations.  It states:

	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 United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea on behalf of the United Nations.  The period of service is from 27 June 1950 to 27 July 1954.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for World War II and the Korean War.  It shows the 76th Engineer Construction Battalion was awarded a Meritorious Unit Commendation for the period 18 December 1953 to 27 July 1954 by Department of the Army General Order Number 77, 1954.

DISCUSSION AND CONCLUSIONS:

1.  Although his records were apparently destroyed, the DD Form 214 contains sufficient information to confirm the applicant's eligibility for two awards.  No evidence could be located, however, to confirm his exact dates of assignment to the 76th Engineer Battalion, or the award of any marksmanship qualification badges. 

2.  His DD Form 214 showed he had foreign service for 1 year, 4 months, and 2 days.  It also showed his most significant duty assignment was with the 76th Engineer Battalion which was deployed in Korea.  Using his date of release as the estimated date his tour in Korea ended, he would have started his assignment in Korea on or before 3 July 1954.  This date qualifies him for the Korean Service Medal and the United Nations Service Medal, and both awards should be added to his DD Form 214.

3.  The 76th Engineer Construction Battalion was awarded a Meritorious Unit Commendation for the period 18 December 1953 to 27 July 1954.  If he was assigned within days of his estimated arrival in Korea, he would be eligible for the award of the Meritorious Unit Commendation.  However, his exact dates of assignment to the 76th Engineer Battalion cannot be concretely determined with the information available.  As such, there is insufficient evidence to add this award 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 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 the following awards to the applicant's DD Form 214:

* Korean Service Medal 
* United Nations Service Medal

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 the addition of any unit awards or marksmanship qualification badges. 




      _______ _   _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)                                         AR20140012435



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ABCMR Record of Proceedings (cont)                                         AR20140012435



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