IN THE CASE OF:	  

		BOARD DATE:	  21 July 2015

		DOCKET NUMBER:  AR20140019329 


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 add the National Defense Service Medal, Korean Service Medal, and any other awards to which he is entitled.

2.  The applicant states he rates the National Defense Service Medal and the Korean Service Medal.

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 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 his records were destroyed in that fire.  However, the applicant provided the Board with his 
DD Form 214; therefore, there is sufficient documentation available to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 1 October 1954.  He held military occupational specialty 111.00 (Light Weapons Infantryman) and attained the rank of specialist three (SP3).  

	a.  He was assigned to Headquarters and Headquarters Company, 31st Infantry Regiment and he was discharged at Fort Sheridan, IL on 11 August 1956 as an overseas returnee.  

	b.  He completed 1 year, 10 months, and 11 days of net active service, of which a period of 1 year, 3 months, and 27 days was credited as foreign service. 

	c.  He was awarded the Army Good Conduct Medal.

4.  The U.S. Army Center of Military History shows the 31st Infantry Regiment was reorganized on 9 January 1946 in Korea as an element of the 7th Infantry Division.  It was relieved from assignment to the 7th Infantry Division on 1 July 1957 and reorganized as a parent regiment under the Combat Arms Regimental System.

5.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954; 1 January 1961 through 14 August 1974;      2 August 1990 through 30 November 1995; and 11 September 2001 to a date to be determined.

6.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

7.  Army Regulation 600-8-22 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 area of eligibility (1) encompasses all land area of the Republic of Korea 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not serve during an authorized period for award of the National Defense Service Medal.  Therefore, he is not entitled to correction of his DD Form 214 to add this award.  

2.  He did not meet the criteria for the Korean Service Medal in that the period of eligibility for this award ended on 27 July 1954 and he did not enter active duty until 1 October 1954.  

3.  The evidence of record shows his last unit of assignment was in Korea and that he completed 1 year, 3 months, and 27 days of foreign service.  However, two facts remain unknown.  First, it is unknown whether he completed foreign service in addition to that he completed in Korea.  Second, his exact arrival and departure dates to Korea are unknown.  

4.  However, though his dates of service in Korea are unknown, as a matter of equity it is presumed that he completed at least 30 consecutive days of foreign service in Korea between 1 October 1954 and 11 August 1956.  Therefore, he meets the criteria for award of the Korea Defense Service Medal and is 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 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 the Korea Defense Service Medal to his DD Form 214.

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 National Defense Service Medal and Korean 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)                                         AR20140019329





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ABCMR Record of Proceedings (cont)                                         AR20140019329



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