IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140015623 


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 the National Defense Service Medal and the Korean Service Medal be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 
14 November 1952.

2.  The applicant states he was assigned to Company C, 65th Combat Engineer Battalion in Korea.

3.  The applicant provides:

* a letter, dated 24 February 2003, from National Personnel Records Center (NPRC), St. Louis, MO to his Congressional representative
* Information from the hospital admission card created 4 May 2002 by the Office of the Surgeon General (SGO) for the year 1950
* 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 Board 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.  The only record available to this Board is the applicant’s DD Form 214 with an effective date of separation of 14 November 1952 and a SGO record.

3.  On 15 November 1949, he enlisted in the Regular Army.  

4.  On 14 November 1952, he was released from active duty.  His DD Form 214 shows the award of the Army of Occupation Medal with Japan clasp.  He completed 3 years of active service that was characterized as honorable.  He served 8 months and 18 days overseas.

5.  Due to the unavailability of his military personnel records the unit he was assigned to is not available.

6.  The SGO file shows he was admitted to a hospital in Korea on 3 September 1950 for combat exhaustion.  His unit of assignment was not shown.  He was not evacuated to the U.S. and he was released to duty for general service.

7.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	b.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.  One bronze service star is authorized for each campaign while serving at a normal post of duty.

	c.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	d.  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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is authorized the National Defense Service Medal.

2.  Although the unit to which he was assigned in Korea is not known, the SGO file provides sufficient evidence that he was in fact serving in Korea.  Because he was admitted for combat exhaustion, it is reasonable to conclude he was on permanent assignment in Korea.

3.  In view of the above, he is authorized the:

* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Republic of Korea War Service Medal

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 adding the following awards to his DD Form 214 with an effective date of separation of 14 November 1952:

* National Defense Service Medal
* Korean Service Medal with one bronze service star
* 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)                                         AR20140015623



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ABCMR Record of Proceedings (cont)                                         AR20140015623



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