IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002345
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) for the period ending 31 July 1958 to show the Korea Defense Service Medal.
2. The applicant states the Korea Defense Service Medal was awarded after he was discharged from active duty.
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 the applicant's records for this period of service were lost or destroyed in that fire. However, his available record contains, and he provided, his DD Form 214 for the period ending 31 July 1958 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 21 October 1955 and he held military occupational specialty 810.00 (Draftsman).
4. His DD Form 214 shows his last unit of assignment was with Headquarters (HQ), 8th Army, Korea. He was honorably released from active duty on 31 July 1958 and he was transferred to the U.S. Army Reserve. He completed 2 years, 9 months, and 10 days of creditable active service during this period of service.
5. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 4 months, and 12 days of foreign service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) shows award of the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Army Good Conduct Medal
6. 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 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:
The evidence of record confirms the applicant served in Korea while assigned to HQ, 8th Army. Although the specific dates of his service in Korea are not known, his DD Form 214 shows he completed over 1 year of foreign service. It is reasonable to presume he served in Korea for at least 30 consecutive days and served during a qualifying period for entitlement to award of the Korea Defense Service Medal. Therefore it would be appropriate to correct his DD Form 214 for the period ending 31 July 1958 accordingly.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his DD Form 214 for the period ending 31 July 1958 by adding the Korea Defense 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) AR20150002345
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ABCMR Record of Proceedings (cont) AR20150002345
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