IN THE CASE OF:	  

		BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130007788 


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) for the period ending 8 December 1999 to show award of the Korea Defense Service Medal (KDSM).

2.  The applicant states he served in Korea from May 1996 to May 1997.  He was discharged prior to creation of the medal but he qualifies for it.

3.  The applicant provides:

* statement to the Board
* DA Form 638 (Recommendation for Award) extract
* Army Achievement Medal Certificate
* Army Commendation Medal Certificate
* DA Form 3355 (Promotion Point Worksheet)
* DD Form 214 

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.  On 25 May 1995, the applicant enlisted in the Regular Army.  He completed training, was awarded military occupational specialty 98C (Electronic Warfare/Signals Intelligence Analyst), and was promoted to pay grade E-5.

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 5 May 1996 through 4 May 1997.

4.  On 8 December 1999, he was honorably released from active duty.  He completed 4 years, 6 months, and 14 days of creditable active service.

5.  His DD Form 214 as amended by a DD Form 215 (Correction to DD Form 214) does not show the KDSM.

6.  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:

His record shows his service met the criteria for award of the KDSM.  Therefore, he is entitled to have the KDSM added to his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 for the period ending 8 December 1999.




      _______ _   __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)                                         AR20130007788





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ABCMR Record of Proceedings (cont)                                         AR20130007788



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