IN THE CASE OF:	  

		BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120013169 


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.  He states he served on the demilitarized zone in Korea and feels he earned and deserves the KDSM.

3.  The applicant provides a court order changing his name and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 April 1984.  

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 service in the Army of the United States and U.S. Army Reserve, on 7 July 1978, the applicant enlisted in the Regular Army.  
3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 26 December 1983 to 24 April 1984.  

4.  On 25 April 1984, he was honorably discharged.  His DD Form 214 does not show the KDSM.

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

DISCUSSION AND CONCLUSIONS:

The applicant's record shows he completed a period of service in Korea qualifying for award of the KDSM.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 25 April 1984 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 issuing the KDSM to him and adding the KDSM to his DD Form 214 for the period ending 25 April 1984.



      _______ _   _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)                                         AR20120013169





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ABCMR Record of Proceedings (cont)                                         AR20120013169



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