IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140018719 


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 item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all his awards and decorations. 

2.  The applicant states item 26 of his DD Form 214 does not reflect all the awards that were retroactively authorized after his discharge for his active and reserve service. 

3.  The applicant provides:

* DD Form 214
* DA Form 1270 (Transfer or Release to Reserve Component of the Army)
* Letter orders from the U.S. Army Reserve (USAR)
* Email to the National Archives
* Criteria for award of the Overseas Service Ribbon, Army Service Ribbon, Army Commendation Medal, Meritorious Service Medal, Armed Forces Expeditionary Medal, and 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 applicant’s 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record 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 and entered active duty in New York City, NY, on 25 August 1955. He completed the 6-week Grave Registration Specialist Course at Fort Lee, VA, in 1956. 

4.  His DD Form 214 also shows at the time of his separation, he held military occupational specialty 547.10 (Grave Registration Specialist) and his last duty assignment was with the 293rd Quartermaster Company (Grave Registration), Army Post Officer (APO) 971, which was in Korea. 

5.  His DD Form 214 further shows he completed 1 year, 9 months, and 17 days of creditable active service, of which 1 year, 3 months, and 28 days was foreign service.  

6.  He was honorably released from active duty in the rank/grade of specialist third class on 11 June 1957.  Item 27 of his DD Form 214 shows the Good Conduct Medal. 

7.  He submitted:

	a.  DA Form 1270, dated 12 June 1957, that shows he was transferred to the U.S. Military District, New York, following his release from active duty.

	b.  Letter Orders 516, issued by Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, on 30 April 1962, honorably discharging him from the USAR.  

	c.  Printouts of the criteria for various awards. 

	d.  Email exchanged with the National Archives wherein he contends he served in Korea from February 1956 to May 1957. 

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	e.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes participation in Korea from 1 October 1966 to 30 June 1974.

	f.  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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.   The member 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 25 August 1955 to 11 June 1957.  He completed 1 year, 9 months, and 17 days of creditable active service, of which 1 year, 3 months, and 28 days was foreign service.  

2.  Based on the his last unit of assignment (293rd Quartermaster Company, APO 971), it is reasonable to presume he completed 30 consecutive or 60 non-consecutive days in Korea which would make him eligible for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it. 

3.  The Army Service Ribbon and Overseas Service Ribbon were established in April 1981.  Both awards may be awarded retroactively to those personnel who met the criteria and had an Active Army status on or after 1 August 1981.  The applicant was discharged on 30 April 1962.  He did not have an active status after 1981.  Therefore, he does not meet the criteria for either award. 

4.  There is insufficient evidence in the available records that shows the applicant was recommended for or awarded the Army Commendation Medal and/or the Meritorious Service Medal.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal and the Meritorious Service Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show either award. 

5.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  Qualifying service for this award includes participation in Korea from 1 October 1966 to 30 June 1974.  The applicant was not on active duty during this period.  Therefore, he does not meet the criteria for this award for service in Korea.

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 Korea Defense 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 any other awards.



      ____________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)                                         AR20140018719



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ABCMR Record of Proceedings (cont)                                         AR20140018719



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