ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 August 2019

	DOCKET NUMBER:  AR20190007646


APPLICANT REQUESTS:  award of the Korea Defense Service Medal (KDSM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 20 May 2019
*	DD Form 214 (Report of Separation From the Armed Forces of the United 
States)
*	Veterans of Foreign Wars Member Corner article, "Recruiting Korea-Duty 
Veterans," dated April 2019

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant's complete military records are not available 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, there were sufficient documents remaining in a 
reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant states all he wants is the KDSM.

4.  The applicant provided copies of:

	a.  his War Department Form 100 (Army of the United States Separation 
Qualification Record) that shows his prior service for the period 8 December 1944 to 
11 August 1946 and 

	b.  his Honorable Discharge Certificate that shows he was honorably discharged on 
10 August 1949. 

5.  The applicant enlisted in the Regular Army on 22 October 1950.

6.  His DD Form 214 for the period ending 12 December 1951 shows he completed 
1 year, 1 month, and 21 day of net service and he had a total of 5 years, 10 months, 
and 8 days of other service.  His DD Form 214 shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) – Distinguished Unit Citation and Korean 
Service Medal with two bronze stars.

	b.  item 28 (Most Significant Duty Assignment) – Headquarters and Services 
Company and 2d Engineer Combat Battalion APO 248.

7.  The historical APO file shows APO 248 was assigned in Korea.

8.  The applicant provided:

	a.  an article from the Veterans of Foreign Wars, "Recruiting Korea-Duty Veterans," 
dated April 2019, that advised veterans of the KDSM and eligibility criteria and

	b.  a letter from the National Personnel Records Center, dated 16 May 2019, that 
advised the him his records needed to answer his inquiry for the KDSM were not on file 
and that his records were believed to have been destroyed by the 1973 fire.

9.  There are no provisions for award of the KDSM for service prior to 28 July 1954.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that 
no relief was warranted other than the administrative corrections outlined below the 
signature block.  The Board determined that because the KDSM is not retroactive to any 
period of Korean service prior to 28 July 1954, and the applicant served in Korea in 
1951, the applicant is not entitled to award of this medal.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

Other than the administrative notes annotated by the Analyst of Record (below the 
signature), the Board determined the evidence presented does not demonstrate the 
existence of a probable error or injustice.  Therefore, the Board determined the overall 
merits of this case are otherwise insufficient as a basis for correction of the records of 
the individual concerned.


	  
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.

ADMINISTRATIVE NOTE(S):  The applicant met the criteria for award of the United 
Nations Service Medal which is not shown on his DD Form 214.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  

	a.  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 area of eligibility and period of eligibility are as 
follows:

		(1)  The area of eligibility encompasses all land area of the Republic of Korea 
and the contiguous water out to 12 nautical miles and all air spaces above the land and 
water area.  

		(2)  The period of eligibility is 28 July 1954 to a date to be determined by the 
Secretary of Defense.  

		(3)  Service members must have been assigned, attached, or mobilized to units 
operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or 
meet several criteria including:  (1) be engaged in combat during an armed 
engagement, regardless of the time in the area of eligibility or (2)  be wounded or 
injured in the line of duty and required medical evacuation from the area of eligibility.

	b.  The United Nations Service Medal is awarded to members of the Armed Forces 
of the United States dispatched to Korea or adjacent areas on behalf of the United 
Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded 
the Korean Service Medal automatically establish eligibility for the United Nations 
Service Medal.

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