BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018507
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Korea Defense Service Medal.
2. The applicant states he has qualifying service for this award but it was not issued at the time of his release from active duty.
3. The applicant provides no additional supporting documentation.
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 a portion of the applicant's records were lost or destroyed in that fire. A reconstructed record is available, however, which included a copy of his DA Form 20 (Enlisted Qualification Record), his DA Form 24 (Service Record), and his DD Form 214. These documents are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 26 January 1955. After completing initial training, he was awarded military occupational specialty 111.00 (Light Weapons Infantryman). The highest rank/grade held was private first class/E-3.
4. He was released from active duty on 11 January 1957. His DD Form 214 shows he completed 1 year, 11 months, and 16 days. Additionally, he completed a total of 1 year, 1 month, and 8 days of foreign and/or sea service. He was awarded or authorized the Army Good Conduct Medal.
5. His DA Form 24, Section 5 (Service Outside Continental U.S.) shows he arrived in Inchon, Korea on or about 16 December 1955 and departed from Inchon, Korea on or about 24 December 1956.
6. His DA Form 20 shows in item 28 (Qualification in Arms) he was awarded or authorized:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.
DISCUSSION AND CONCLUSIONS:
The applicant's service in Korea from on or about 16 December 1955 to on or about 24 December 1956 qualifies him for the award of the Korea Defense Service Medal. Additionally, his DA Form 20 shows he was qualified on two weapons. His DD Form 214 should be corrected accordingly.
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 for the period ending 11 January 1957:
* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
_______ _ 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) AR20140018507
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ABCMR Record of Proceedings (cont) AR20140018507
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