IN THE CASE OF:	   

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140007103 


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 he served in Korea between May 1986 and May 1987.

3.  The applicant provides:

* DD Form 214
* Permanent Orders 87-80
* DA Form 1059 (Service School Academic Evaluation Report)
* Letter of Commendation, dated 20 August 1986
* Permanent Orders 16-2
* Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
* DA Form 2166-6 (Enlisted Evaluation Report)
* a letter, dated 27 February 2014

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 14 February 1984.

3.  On 12 February 1988, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 1 year of foreign service and he was awarded or authorized the:

* Army Service Ribbon
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal
* Army Achievement Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with  Numeral "2"
* Army Commendation Medal
* Overseas Service Ribbon

4.  The applicant provides documents which show he was assigned and performed duties in the 503rd Infantry Regiment, 2nd Infantry Division, Korea to include a 3-month Enlisted Evaluation Report from March through May 1987 that states he proved himself during critical Demilitarized Zone missions as well as in garrison. 

5.  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 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 evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected 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 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)                                         AR20140007103



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ABCMR Record of Proceedings (cont)                                         AR20140007103



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