BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140019271
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 reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM). Additionally, he requests award of the Republic of Korea (ROK) Presidential Unit Citation (PUC).
2. He states the award is not listed on his DD Form 214.
3. He provides:
* 181st Signal Company Morning Report
* Orders, dated 22 April 1957
* Congressional correspondence
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130017957, on 5 June 2014.
2. He provides orders and a Morning Report that show he was promoted to private first class that were not previously reviewed by the ABCMR. Therefore, these documents warrant consideration by the Board.
3. 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, the applicant provided his DD Form 214 and other documents that are sufficient for the Board to conduct a fair and impartial review of this case.
4. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 19 July 1956.
5. Special orders Number 58, issued by Headquarters, 181st Signal Company (Depot), Army Post Office (APO) 971, dated 22 April 1957, and the 181st Morning Report, dated 24 April 1957, show the applicant was promoted to PFC effective 22 April 1957 while assigned to that company.
6. He was honorably released from active duty (REFRAD) on 25 April 1958 as an overseas returnee. His DD Form 214 shows his last assignment was with the 181st Signal Company. He completed 1 year, 9 months, and 7 days of active duty service with 1 year, 4 months, and 3 days of foreign service. This form also shows he was awarded the Good Conduct Medal.
7. Information obtained from the internet show the 181st Signal Company (Depot) APO 971 was located in Korea during the period 1953 to 1960.
8. Army Regulation 600-8-22 (Military Awards) states the KDSM 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 ROK. The area of eligibility (1) encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. 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 or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.
9. A history of the 181st Signal Company shows that it was awarded the ROK PUC for its service in the ROK during the period 1950 to 1952.
DISCUSSION AND CONCLUSIONS:
1. Special Orders and the Morning Report show the applicant was promoted to PFC on 22 April 1957 while assigned to the 181st Signal Company. His
DD Form 214 shows he served 1 year, 4 months, and 3 days of foreign service and he was REFRAD on 25 April 1958 as an overseas returnee. It further shows his last unit assignment was the 181st Signal Company.
2. Based on the evidence, it appears the applicant was assigned to the 181st Signal Company (Depot) in the ROK from as early as his date of promotion
(22 April 1957) until his return to the continental United States and subsequent REFRAD. Therefore, his service in Korea entitles him to award of the KDSM and correction of his DD Form 214 to show this medal.
3. The evidence of record shows he served in the Army between 1956 and 1958. There is no evidence to show that he was in the Army in 1950 - 1952 and/or a member of the 181st Signal Company at the time the company was awarded the ROK PUC. Therefore, he is not entitled to correction of his
DD Form 214 to show this award.
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 amendment of the ABCMRs decision in Docket Number AR20130017957, dated 5 June 2014. 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 the Republic of Korea Presidential Unit Citation.
_______ _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.
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