BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140018636 


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) to show the "Korea Campaign Medal." 

2.  The applicant states he served in Korea for 17 months and his service records unit assignments should reflect his time in Korea during war time. 

3.  The applicant provides his 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 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/impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 23 March 1949.  It also shows at the time of his separation, he held military occupational specialty 3648 (Radio/Telephone Repairman) and his most significant assignment was with Headquarters and Headquarters Company, Detachment 3, 5012th Army Service Unit, Fort Sheridan, IL.  

4.  His DD Form 214 also shows he completed 3 years, 2 months, and 19 days of creditable military service with no lost time, of which 1 year, 6 months, and 29 days was foreign service (shown in item 26 (Foreign and/or Sea Service)). 

5.  He was honorably discharged on 11 June 1952.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army of Occupation Medal (Japan)
* Korea Service Medal with one silver [service] star
* United Nations Service Medal
* Meritorious Unit Commendation

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  It also states, in pertinent part, that a bronze service star is authorized with this award for each Korea campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.  

	b.  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.

	c.  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.

	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 DD Form 214 for Soldiers who served during the Korean War captured the Soldier's foreign and/or sea service in item 26 (titled Foreign and/or Sea Service).  The applicant's DD Form 214 shows completion of 1 year, 6 months, and 29 days of foreign service.  No further correction is required for this block. 

2.  There is no such award as the Korea Campaign Medal.  Soldiers who served during the Korean War (and meet the criteria) are authorized the Korean Service Medal with applicable service stars (bronze or silver) to designate their campaign participation.  The applicant's DD Form 214 shows the Korean Service Medal with silver service star designating his campaign participation in five campaigns.  

3.  Soldiers entitled to award of the Korean Service Medal are automatically entitled to the United Nations Service Medal which is also correctly shown on his DD Form 214. 

4.  There are two other Korea-related awards:

	a.   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 from 28 July 1954 to a date to be determined by the Secretary of Defense.  The applicant does not meet the criteria for this award. 

	b.  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.  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.  Because the applicant was awarded a silver service star with his Korean Service Medal, it is reasonable to presume he met the criteria for this award and should have his DD Form 214 corrected to show it. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Republic of Korea War Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the "Korea Campaign 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)                                         AR20140018636



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ABCMR Record of Proceedings (cont)                                         AR20140018636



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