IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140008676
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 Defense Service Medal.
2. The applicant states he would like this medal added to his DD Form 214.
3. The applicant does not provide any evidence.
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 records show he was inducted into the Army of the United States and entered active duty on 2 February 1953. He was trained in and held military occupational specialty 1729 (Combat Engineer).
3. His DA Form 230 (Service Record) shows he:
* departed Seattle, WA on 14 August 1953 and arrived in Yokohama, Japan on 24 August 1953
* departed Yokohama on 5 September 1953 and arrived in Inchon, Korea on 7 September 1953
* departed Korea on an unknown date and arrived in Oakland, CA on 24 December 1954
4. While in Korea, he was assigned or attached as follows:
* Company A, 151st Engineer Battalion, 12 September 1953 to 7 May 1954
* Attached to Headquarters, Camp Sasebo, 8023rd Army Unit, 8 to 27 May 1954
* Company A, 151st Engineer Battalion, 28 May 1954 to 6 December 1954
* 8069th Army Unit, Pusan, 7 December 1954 until departure from Korea
5. He was honorably released from active duty on 8 January 1955. He completed 1 year, 11 months, and 7 days of active service, of which 1 year, 4 months, and 7 days was foreign service. His DD Form 214 shows he was awarded or authorized the:
* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal
* Good Conduct Medal
6. Section 9 (Medals, Badges, Decorations and Citations) of his DD Form 230 shows in addition to the medals listed on his DD Form 214, he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
7. Army Regulation 600-8-22 (Military Awards) 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 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea from on or about 5 September 1953 to on or about 7 December 1954. Award of the Korea Defense Service Medal requires 30 consecutive or 60 nonconsecutive days during the period of eligibility, 28 July 1954 to a future date to be determined by the Secretary of Defense. Therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.
2. His records indicate he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 to his DD Form 214:
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
_______ _ 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) AR20140008676
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ABCMR Record of Proceedings (cont) AR20140008676
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