BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020057
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 award of the Republic of Korea War Service Medal (ROKWSM).
2. The applicant states the ROKWSM was not available at the time of his discharge.
3. The applicant provides a copy of 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 that the applicant's 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 and impartial review of this case.
3. The applicant's DD Form 214 shows:
* he was inducted into the Army of the United States on 7 October 1952
* he served as an infantryman in Korea
* he was wounded in action on 10 June 1953
* he was discharged on 31 March 1954 by reason of physical disability
4. His DD Form 214 also shows he was awarded or authorized the:
* United Nations Service Medal
* Combat Infantryman Badge
* Purple Heart
* Army Good Conduct Medal
* Korean Service Medal with two bronze service stars
* National Defense Service Medal
5. Army Regulation 600-8-22 (Military Awards) states the ROKWSM was originally offered to the Armed Forces of the United States by the Republic of Korea Ministry of Defense on 15 November 1951. On 20 August 1999, the Assistant Secretary of Defense (Force Management Policy) approved the acceptance and wear of the medal for veterans of the Korean War. The ROKWSM 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
The applicant served a period of qualifying service for award of the ROKWSM. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
___X_____ ___X_____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the ROKWSM to his DD Form 214.
___________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) AR20140020057
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