BOARD DATE:   17 April 2014

		DOCKET NUMBER:  AR20130015174 


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, the daughter of a deceased former service member (FSM), requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he was awarded the Korean Service Medal.

2.  The applicant states her father served in Korea and was not aware he was authorized the Korean Service Medal.

3.  The applicant provides:

* her father's DD Form 214 
* correspondence written to the National Personnel Records Center (NPRC), St. Louis, MO
* letters from the Anoka County Veterans Service Office 
* her birth certificate and marriage 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 FSM's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  

3.  The only available record is the FSM's DD Form 214 provided by the applicant.  The DD Form 214 shows:

	a.  On 27 June 1950, the FSM enlisted in the Army of the United States and he was honorably released from active duty on 14 November 1952 in the rank of corporal (CPL)/E-4.  He had completed 2 years, 4 months, and 18 days of active duty service with 11 months and 15 days of foreign and/or sea service.  The location of his foreign/sea service is not shown.

	b.  There are no awards or decorations listed.

4.  Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  While the FSM's DD Form 214 shows he served 11 months and 15 days of foreign and/or sea service, there is no evidence showing the FSM served in Korea.

2.  The applicant's request should be denied at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  ___X__  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.



      _____________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)                                         AR20130012421



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ABCMR Record of Proceedings (cont)                                         AR20130015174



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