IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140017259
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Korea Defense Service Medal.
2. The applicant states he served in Korea and he would like his DD Form 214 corrected to show the Korea Defense Service Medal and he would like to be issued the medal.
3. The applicant provides his DD Form 214; two photographs; and a letter, dated 13 September 2014.
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 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 the applicant's records were lost or destroyed in that fire. However, the applicant provided, his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 8 January 1957 and he held military occupational specialty 640.00 (Light Vehicle Driver). He was promoted to the rank/grade of specialist four (SP4)/E-4 on 25 August 1958.
4. He was honorably released from active duty on 9 December 1958 in the rank of SP4 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 2 days of creditable active service.
5. The DD Form 214 he was issued shows the following entries:
* item 12 (Last Duty Assignment and Major Command) - Headquarters and Headquarters Company (HHC), 1st Battle Group (BG), Army Post Office (APO) 7 [Korea]
* item 24c (Foreign and/or Sea Service) - 1 year, 2 months, and 23 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) - Army Good Conduct Medal (1st Award)
6. The applicant provides two photographs of himself in military uniform in front of signs. One of the signs shows the location as the demilitarized zone, Korea.
7. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from 8 January 1957 to 9 December 1958. He completed 1 year, 11 months, and 2 days of creditable active service, of which 1 year, 2 months, and 23 days was foreign service. However, his exact place of foreign service is unknown. It is unclear if he completed this foreign service in Korea, Hawaii, Japan, Thailand, or other Far East locations. The only reference to Korea is that his last unit of assignment at the time of separation was in Korea.
2. However, despite the absence of his exact dates of service in Korea, given his last unit of assignment and the photographs he submitted, it is reasonable to presume he completed at least 30 days of foreign service in Korea which would qualify him for award of the Korea Defense Service Medal. Therefore, it would be appropriate to add this medal to his DD Form 214.
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:
* amending his DD Form 214 by adding the Korea Defense Service Medal
* issuing him the Korea Defense 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) AR20140017259
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ABCMR Record of Proceedings (cont) AR20140017259
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