IN THE CASE OF: BOARD DATE: 5 January 2010 DOCKET NUMBER: AR20090013022 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 award of the Korea Defense Service Medal (KDSM). 2. The applicant states that he went to Korea for Team Spirit in 1987 and in 1988. He contends that since he was Regular Army and a member of a support unit he spent more than 30 consecutive days both times. He contends that his service in Korea for Team Spirit 1987 is not clearly shown on his March/April Leave and Earnings Statements (LESs); however, it is clearly shown on his June 1988 LES (12 March to 16 April). By his calculations, he spent 5 weeks and 1 day or 36 consecutive days just for Team Spirit 1988 which makes him eligible for the KDSM. 3. The applicant provides documentation from the National Personnel Records Center, St. Louis, Missouri; LESs for the periods 1-31 March 1987, 1-30 April 1987, and 1-30 June 1988; a DD Form 214 (Certificate of Release or Discharge from Active Duty); and a Letter of Commendation and Appreciation 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 enlisted in the Regular Army on 8 April 1986. He trained as a medium helicopter repairer and was honorably released from active duty on 6 April 1989. 3. The applicant's DD Form 214 does not show the KDSM as an authorized award. 4. Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Hawaii from 19 November 1986 to 3 April 1989. 5. In support of his claim, the applicant provided a Letter of Commendation and Appreciation, dated 11 May 1987, for his outstanding performance in the Republic of South Korea for Team Spirit 1987. 6. The applicant also provided an LES for the period 1-31 March 1987 which shows he received oversea pay on 19 March 1987 ($3.60), an LES for the period 1-30 April 1987 which shows he received oversea pay ($9.00), and an LES for the period 1-30 June 1988 which shows he received oversea pay for the period 12 March to 16 April 1988 ($15.17). However, there is no evidence that he served in Korea during these periods. 7. The applicant’s inclusive dates of service in Korea are not available. 8. Army Regulation 600-8-22 (Military Awards) states that the KDSM 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 (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 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 the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations. Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30 or 60-day requirement and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met. Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. DISCUSSION AND CONCLUSIONS: The applicant's contention that he went to Korea for Team Spirit in 1987 and in 1988 was noted. However, his Letter of Commendation and Appreciation does not show his inclusive dates of service in Korea during Team Spirit 1987 and his LESs do not show that his oversea service was in Korea. Therefore, since his inclusive dates of service in Korea are not available, there is insufficient evidence on which to base award of the KDSM at this time. 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) AR20090013022 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090013022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1