IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100020928 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal.

2.  The applicant states the Korea Defense Service Medal was created after his discharge and is granted for service performed after 28 July 1954.  He contends he served over 360 consecutive days in Korea and meets the requirements for the award. 

3.  The applicant provides a copy of his DD Form 214 and Permanent Change of Station (PCS) orders, dated 17 January 1995 and 30 March 1994.

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 records show he enlisted in the Regular Army on 28 May 1992 and he was honorably released from active duty on 25 April 1998.  He completed 5 years, 10 months, and 28 days of active duty service.  

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 25 April 1998 does not show award of the Korea Defense Service Medal.

4.  Headquarters, 304th Signal Battalion (C) and Camp Colbern, Unit #15261, Republic of Korea, Permanent Orders Number 25-4, dated 23 March 1995, awarded him the Driver Badge for the period 28 April 1994 to 27 April 1995.

5.  The applicant provides two PCS orders which show he was reassigned from Fort Huachuca, AZ to Headquarters Company, 304th Signal Battalion, Republic of Korea effective 30 March 1994; and later reassigned from the Republic of Korea to the 521st Signal Corps Company, Fort Huachuca, AZ with a reporting date of 27 April 1995.

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.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows he served in Korea from on or about 30 March 1994 to on or about 27 April 1995.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

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 Korea Defense Service Medal to item 13 of 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)                                         AR20100020928





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ABCMR Record of Proceedings (cont)                                         AR20100020928



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