IN THE CASE OF: BOARD DATE: 8 May 2012 DOCKET NUMBER: AR20110021785 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 his awards and foreign service for his service in Korea be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 November 1959. 2. The applicant states he had 6 months and 28 days of combat time in Korea from February to September of 1953. He should have the Korean Service Medal with two bronze service stars and a combat artillery badge. 3. The applicant provides a letter, dated 18 October 2011, from the National Personnel Records Center, St. Louis, MO. 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. He enlisted in the Regular Army on 1 September 1959. He previously served 3 months and 4 days of active service in the U.S. Air Force and 2 years, 3 months, and 4 days of active service in the Regular Army. 3. He was discharged on 27 November 1959 by reason of fraudulent entry with an undesirable discharge. His DD Form 214 shows no foreign service. 4. On 25 May 1983, the ABCMR upgraded his discharge to an honorable discharge by reason of secretarial authority. A new DD Form 214 was issued. No awards or foreign service are shown on the reissued DD Form 214. 5. The letter he submitted from NPRC, dated 18 October 2011, included 3 DD Forms 214 for the following periods of active service: a. 14 August - 15 November 1951 - U.S. Air Force - no foreign service or awards are shown; b. 27 May 1952 - 31 August 1954 - Regular Army - shows 7 months and 28 days of foreign service and that he was awarded or is authorized the: * United Nations Service Medal * Korean Service Medal with 3 bronze service stars * National Defense Service Medal * Distinguished Unit Citation * Meritorious Unit Commendation * 1 Oversea Service Bar (shown as 1 WO/S Bar) c. 1 September to 27 November 1959 - Regular Army - no foreign service or awards are shown. 6. Army Regulation 635-5 (Personnel Separations, Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. a. All decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214 were entered on the DD Form 214. b. Total active duty outside the continental limits of the United States for the period covered by the DD Form 214 was entered on the DD Form 214. 7. Army Regulation 600-8-22 (Military Awards) does not list a combat artillery badge as a authorized award. DISCUSSION AND CONCLUSIONS: 1. The regulation in effect at the time stated that only decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214 were to be listed on the form. Therefore, his awards earned while in Korea are entered on his DD Form 214 with a separation date of 31 August 1954. They would not be listed on his DD Form 214 for the period 1 September to 27 November 1959. 2. There is no evidence he served overseas during the period from 1 September to 27 November 1959. Therefore, there is no foreign service to be shown on his DD Form 214 with a separation date of 27 November 1959. 3. The combat artillery badge he stated he earned in Korea is not listed in Army Regulation 600-8-22 (Military Awards). Therefore, it would not be entered on any of his DD Forms 214. 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) AR20110021785 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021785 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1