IN THE CASE OF: BOARD DATE: 23 October 2012 DOCKET NUMBER: AR20120007549 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) to show the Korea Defense Service Medal. 2. The applicant states, in effect, he served in Korea for 1 year, 5 months, and 14 days. 3. The applicant provides: * DD Form 214 * 1955 Christmas Greetings from the commanding officer * Christmas Day 1955 Menu with signatures 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 record is 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documents provided by the applicant to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows: * he enlisted in the Regular Army on 17 November 1954 for a period of 3 years * he was awarded military occupational specialty (MOS) 673.10 (Single Rotor Helicopter Repairman) * in item 24c (Foreign and/or Sea Service) he completed 1 year, 5 months, and 14 days of foreign and/or sea service * he was honorably released from active duty at the expiration of his term of service on 15 November 1957 * he completed 2 years, 11 months, and 29 days of total active service 4. Special Orders Number 109, dated 24 May 1956, and Special Orders Number 197, dated 21 September 1956, both issued by Headquarters, 69th Transportation Battalion (Truck), APO 358, show the applicant's MOS changes. APO 358 was located in Korea. 5. DA Forms 1 (Morning Report), dated 24 May 1956, 24 September 1956, and 17 October 1956, show the 69th Transportation Battalion (Truck) was permanently located at Uijongbu, Korea. 6. Army Regulation 600-8-22 (Military Awards) states 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. 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation in effect at the time states to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show award of the Korea Defense Service Medal was carefully considered and determined to have merit. 2. It appears the applicant served in Korea in 1955; however, his record is void of orders and other documentation verifying and confirming his total length of service in Korea during the period 1955 through 1957. 3. However, the morning reports confirm the applicant was serving in Korea during a qualifying period of service for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award. 4. Additionally, the regulation in effect at the time states to enter on the DD Form 214 the last overseas theater service was performed. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his last overseas theater as "Korea." 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: a. adding to his DD Form 214 the Korea Defense Service Medal, and b. adding to item 24c of his DD Form 214 the entry “Korea." _______ _ 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) AR20120007549 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120007549 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1