IN THE CASE OF:  	  

		BOARD DATE:  24 March 2015	  

		DOCKET NUMBER:  AR20140012464 


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, in effect, award of the Republic of Korea War Service Medal and correction of his records to show it.  

2.  The applicant states he has been trying to get this medal for a long time.  His military records have been destroyed in the 1973 fire.  However, he believes the submitted reconstructed records should help establish his eligibility for this award.  This award was authorized by President Syngman Rhee in September 1951, the first president of South Korea.  

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Congressional correspondence
* Criteria for the Korean Service Medal
* Criteria for the Republic of Korea War Service Medal
* Letter from the National Personnel Records Center
* Special Orders (SO) Number 7, dated 7 April 1954
* SO Number 122, dated 1 June 1954
* SO Number 151, dated 28 June 1954
* Letter, dated 19 July 1954, from Headquarters, New York Military District
* SO Number 142, dated 19 July 1954
* SO Number 69, dated 30 March 1954
* Certificate of Service
* Honorable Discharge Certificate 
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 Board 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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he entered active duty in New York City, NY, on 8 July 1952.  This form also shows at the time of his separation he held military occupational specialty 3835 (Supply Records Specialist) and his most significant duty assignment (i.e., last duty assignment) was with Service Battery, 612th Field Artillery Battalion. 

4.  He was honorably released from active duty in the rank/grade of corporal on 30 June 1954.  He was transferred to the New York Military District to complete his remaining service obligations.  

5.  His DD Form 214 further shows he completed 1 year, 11 months, and 23 days of creditable active service and with no lost time.  He also completed 1 year, 6 months, and 7 days of foreign service.  His DD Form 214 also shows he was awarded or authorized the National Defense Service Medal. 

6.  The applicant provides multiple Congressional correspondences in relation to the Republic of Korea War Service Medal.  He also provides: 

	a.  SO Number 7, issued by Headquarters, 612th Field Artillery Battalion, 29th Regimental Combat Team, APO 331 (Okinawa), dated 7 April 1954, reassigning the applicant from Headquarters and Headquarters Battery to the Service Battery of this battalion. 
	b.  SO Number 122, issued by Headquarters, Ryukyus Command, on 1 June 1954, ordering the applicant's release from Headquarters Battery, 612th Field Artillery Battalion, to movement to continental United States (through Camp Stoneman, CA to Camp Kilmer, NJ), for separation processing. 

	c.  SO Number 151, issued by Headquarters, 1264th Support Unit Personnel Center, Camp Kilmer, NJ, on 28 June 1954, releasing the applicant from active duty to his home of record (New York). 

	d.  Letter, dated 19 July 1954, from Headquarters, New York Military District, welcoming him for service in the U.S. Army Reserve and informing him that his military service obligation would terminate on 7 July 1960. 

	e.  SO Number 142, issued by Headquarters, U.S. Military District, further assigning him to the New York Military District of U.S. Army Reserve in primary specialty 3835 and secondary specialty 1745 (Light Weapons Infantryman). 

	f.  SO Number 69, issued by Headquarters, 29th Regiment, on 30 March 1954, that shows he was released from duty and assignment to the Service Battery, 29th Infantry Regiment, APO 331 and reassigned to 612th Field Artillery Battalion (105mm Howitzer, Towed). 

7.  The Army historical records show, during the timeframe the applicant served on active duty (1953/1954 timeframe), APO 331 was assigned for Sukiran, Okinawa, Ryukyu Islands. 

8.  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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. Veterans who served in Japan, Guam, Okinawa, or the Philippines are not eligible for this medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 1 year, 6 months, and 7 days of foreign service presumably in Okinawa, based on the APO number assigned on the orders he provides.  The Republic of Korea War Service Medal is awarded to members who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
2.  Unfortunately, the applicant did not serve a qualifying period of service for entitlement to this award.  Without documentary evidence placing him in Korea or the area of eligibility, there is insufficient evidence to award him the Republic of Korea War Service Medal or add it to his DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20140012464





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ABCMR Record of Proceedings (cont)                                         AR20140012464



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