IN THE CASE OF:	  

		BOARD DATE:	         27 August 2009

		DOCKET NUMBER:  AR20090004359 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Korea Defense Service Medal (KDSM).

2.  The applicant states he served in Korea from July 1982 through July 1983 and the National Personnel Records Center (NPRC) confirmed authorization of the KDSM.

3.  The applicant provides a 16 February 2009 letter from the NPRC.

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 served in the Regular Army for 4 years from 21 October 1980 through 20 October 1984.  He was a trained Korean linguist and served in Korea from 24 July 1982 through 26 July 1983 with the 332nd Military Intelligence Company.

3.  The KDSM is authorized to service members 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.  The area of eligibility encompasses all land area, contiguous waters, and air space of the Republic of Korea.  Members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

The applicant requests the KDSM be added to his DD Form 214.  He served a qualifying tour of duty in Korea from 24 July 1982 through 26 July 1983 and is authorized award of the KDSM.

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 awarding to him the Korea Defense Service Medal for his service in Korea from 24 July 1982 through 26 July 1983 and by adding the award to his DD Form 214.



      _______ _   _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)                                         AR20090004359



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ABCMR Record of Proceedings (cont)                                         AR20090004359



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