RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20050001142 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Mr. Paul M. Smith Chairperson Ms. Yolanda Maldonado Member Mr. Leonard G. Hassell Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show award of the Korean Service Medal. 2. The applicant states, in effect, that he served with the 111th Chemical Supply Company, 476th Chemical Battalion during the period 1 March 1954 though 9 September 1954. He further states that his unit's mission was to provide direct support to Korean Operations with chemical supplies and materials. 3. The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States) and a magazine article entitled "Campaign Medal for Korean War a VFW Qualifier for 52 Years." CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 1 December 1955. The application submitted in this case is dated 11 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 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 that the applicant’s records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214. 4. The applicant's DD Form 214 shows he enlisted in the Army on 8 December 1953. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Korean Service Medal. The applicant was honorably discharged on 1 December 1955. 5. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954 or within the territorial limits of Korea or in waters immediately adjacent thereto or with a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea or was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows that the applicant did not serve in Korea nor has he provided any evidence that the 111th Chemical Supply Company, 476th Chemical Battalion, fell under the control of, was designated as having directly supported, or furnished a certificate from the Commander in Chief, Far East testifying to material contribution made in direct support of, the military efforts in Korea. Therefore, the applicant is not eligible for award of the Korean Service Medal. 2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 December 1955; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 November 1958. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _ PMS __ _ _ YM __ __ LGH _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. ____ Mr. Paul M. Smith __ CHAIRPERSON INDEX CASE ID AR20050001142 SUFFIX RECON DATE BOARDED 30 August 2005 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Mr. Chun ISSUES 1. 107.0070.0000 2. 3. 4. 5. 6.