IN THE CASE OF:	

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090017080 


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 10 September 1956 to show award of the Korea Service Medal.  On 11 March 2010, the applicant modified his request to the Korea Defense Service Medal instead of the Korea Service Medal.

2.  The applicant states he served in Korea for 1 year and 15 days and that his DD Form 214 should show award of the Korea Defense Service Medal.

3.  The applicant provides his DD Form 214 and a copy of page 116 of Army Regulation 672-5-1 (Military Awards).

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 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.

3.  The applicant's DD Form 214 with the period ending 10 September 1956 shows he enlisted in the Regular Army on 21 October 1953.  He was honorably released from active duty on 10 September 1956.  Item 12 (Last Duty Assignment and Major Command) shows the entry "Hq Btry 57th FA Bn."  Item 26 (Foreign and/or Sea Service) shows 1 year, 0 months, and 15 days.  Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Army Good Conduct Medal.

4.  On 11 March 2010, the Army Center for Military History confirmed that the 57th Field Artillery Battalion was stationed in Tongduchon-ni, Korea, during the period 1954-1955.

5.  Army Regulation 600-8-22 (Personnel Separations) states that 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.

DISCUSSION AND CONCLUSIONS:

Evidence shows that the applicant served with 57th Field Artillery Battalion in Korea.  He met the eligibility criteria for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be amended to add this award.

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 partial 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 to add 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)                                         AR20090017080



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ABCMR Record of Proceedings (cont)                                         AR20090017080



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