IN THE CASE OF: BOARD DATE: 7 August 2012 DOCKET NUMBER: AR20120002618 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 that he be awarded the Korean Defense Service Medal (KDSM) and the Korean Presidential Unit Citation (PUC) and that they be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he served 1 year, 3 months, and 26 days in Korea from March 1957 to July 1958 and the KDSM and the PUC were authorized after his release from active duty. 3. The applicant provides a copy of his DD Form 214 and a copy of his military drivers license. 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 military records are not available 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 were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant was inducted on 26 July 1956. He completed his training as a track vehicle mechanic at Fort Knox, Kentucky and was transferred to Korea in March 1957 and was assigned to Troop A, 2d Reconnaissance Squadron, 10th Cavalry Regiment, 7th Infantry Division. 4. On 16 July 1958, he was honorably released from active duty as an overseas returnee. He had served 1 year, 11 months, and 21 days of active service and was awarded the Good Conduct Medal. 5. The 7th Infantry Division was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 1953 to 1971 for service in Korea. 6. Army Regulation 600-8-22 (Military Awards) states the KDSM 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. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he is eligible for awards of the KDSM and the PUC has been noted and found to have merit. 2. The applicant served in Korea during a qualifying period for award of the KDSM and his unit was awarded the ROKPUC for its service in Korea. Accordingly, he is entitled to have those awards added to his records. 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 adding the KDSM and the ROKPUC 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) AR20120002618 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002618 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1