IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140016513
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) with an effective date of separation of 26 January 1956 to show the Korea Defense Service Medal.
2. The applicant states the medal was authorized after he was separated.
3. The applicant provides:
* DD Form 214
* a printout from Wikipedia, the free encyclopedia showing criteria for the 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 applicants 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 applicants records were lost or destroyed in that fire. The only record available to this Board is the applicants DD Form 214.
3. On 27 January 1953, he enlisted in the Regular Army for 3 years.
4. On 26 January 1956, he was released from active duty. He completed
3 years of net active service. He completed 1 year, 4 months, and 26 days of foreign and/or sea service. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Army Good Conduct Medal
* Korean Service Medal
* United Nations Service Medal
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003. This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. Only one award of the Korea Defense Service Medal is authorized for any individual.
DISCUSSION AND CONCLUSIONS:
The applicant's history of assignments was not available for review. There is insufficient evidence available to show the applicant served 30 consecutive days or more in Korea subsequent to 28 July 1954. Therefore, there is insufficient evidence to verify his eligibility for the Korea Defense Service Medal.
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) AR20140016513
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140016513
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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