IN THE CASE OF:	  

		BOARD DATE:	  10 November 2015

		DOCKET NUMBER:  AR20150002680 


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 Separation) to show his foreign service in Korea and award of the Korean Service Medal (KSM), the United Nations Service Medal (UNSM). 

2.  The applicant states information was omitted from his DD Form 214. 

3.  The applicant provides a copy of 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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the                DD Form 214 he provided.

4.  The DD Form 214 he provides shows he enlisted in the Regular Army on      19 October 1953.  On 7 September 1956, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 issued at that time shows in:

* item 24c (Foreign and/or Sea Service) – no entry
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Army Good Conduct Medal

5.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards and decorations.  It states:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	b.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea on behalf of the United Nations. The period of eligibility is from 27 June 1950 to 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the KSM and the UNSM.

2. The sincerity of his contention is not in question.  However, his DD Form 214 does not show that he had any foreign service and he has not provided any evidence that shows he served in Korea. 









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)                                         AR20150002680





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ABCMR Record of Proceedings (cont)                                         AR20150002680



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