IN THE CASE OF:	  

		BOARD DATE:	    21 April 2011

		DOCKET NUMBER:  AR20100021779 


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

2.  The applicant states he received the KDSM from the National Personnel Records Center (NPRC), but they did not update his DD Form 214 to show this service medal.  He states a DD Form 215 (Correction to DD Form 214) should be issued to him. 

3.  The applicant provides these documents in support of his application:

* DD Form 214 with a separation date of 31 October 2003
* Electronic message, dated 9 February 2004, subject:  Korea Defense Service Medal (KDSM) Implementing Instructions
* Application to the NPRC for KDSM
* Officer Record Brief, dated 8 November 2003

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.  With prior enlisted service, the applicant accepted a warrant officer appointment on 12 August 1988.  He was trained in and awarded primary military occupational specialty 918E (Electric Systems Maintenance Technician).  

3.  He served 30 continuous years and was honorably retired from the Regular Army on 31 October 2003 and placed on the Retired List on 1 November 2003.

4.  The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain a Standard Form (SF) 813 (Verification of Military Retiree's Service in Non-Wartime Campaigns or Expeditions) that confirms his service in the Republic of Korea as follows:

* from 20 January 1974 to 18 February 1976
* from 1 March 1983 to 20 February 1984
* from 1 August 1994 to 12 October 2001

5.  Army Regulation 600-8-22 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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

DISCUSSION AND CONCLUSIONS:

As the KDSM was authorized after the applicant's retirement and is retroactive, he is entitled to a correction of his DD Form 214 to show the KDSM based on his service in the Republic of Korea exceeding 30 consecutive days.  

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 his DD Form 214 with a separation date of 31 October 2003.




      ___________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)                                         AR20100021779





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ABCMR Record of Proceedings (cont)                                         AR20100021779



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