IN THE CASE OF: BOARD DATE: 26 February 2009 DOCKET NUMBER: AR20080018703 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, in effect, that he be awarded any medals he is eligible for based on his service in Korea. 2. The applicant states, in effect, that he was never given an overseas medal for his service in Korea from 2 June 1965 through 27 May 1966. 3. The applicant provides no documentary evidence in support of his application. 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 record shows he enlisted in the Regular Army and entered active duty on 24 November 1964, and that he was trained in and awarded military occupational specialty (MOS) 73G (Disbursing Specialist). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 11 May 1965 through 28 May 1966. Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar. 4. On 22 November 1967, the applicant was honorably released from active duty (REFRAD), in the rank of specialist five (SP5), after completing 2 years, 11 months and 29 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the National Defense Service Medal, Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar. 5. Paragraph 2-20 of the awards regulation contains guidance on award of the Korea Defense Service Medal (KDSM). It states, in pertinent part, that the KDSM is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. DISCUSSION AND CONCLUSIONS: The applicant's contention that he should have received awards based on his service in Korea was carefully considered and found to have merit. By regulation, the KDSM is authorized for service in Korea during the period beginning on 28 July 1954 through a future date to be determined. The evidence of record confirms the applicant served in Korea from 11 May 1965 through 28 May 1966, and a result he is eligible to receive the KDSM. Therefore, it would be appropriate to add this award to his DD Form 214. 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 adding the KDSM to Item 24 of his DD Form 214 and by providing him a correction to his separation document that includes this change. _______ _ 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) AR20080018703 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080018703 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1