BOARD DATE: 12 March 2015 DOCKET NUMBER: AR20140010735 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 in effect correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal, Korea Service Medal, and United Nations Service Medal for his tours of duty in Korea. 2. The applicant states he served two short tours in Korea, one in 1963 and one in 1979. 3. The applicant provides copies of his Officer Record Brief (ORB) and a copy of his 1997 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. The applicant's service records as incorporated in the integrated Personal Electronic Records Management System (iPERMS) are significantly incomplete. Documentation of specific dates, locations, and circumstances are not available for Board review. 3. The available records show the applicant served on active duty as a commissioned officer from 11 November 1961 through 3 November 1963 and 4 July 1975 through 20 September 1997. He also had 5 and a half years of Army National Guard and/or U.S. Army Reserve service between his two periods of active duty. 4. His ORB shows two tours of duty in Korea the first for 13 months of service in Korea ending in November 1963 and the second for 12 months of service in Korea from ending in June 1979. 5. His records show award of the Meritorious Service Medal (6th award), Bronze Star Medal, Legion of Merit, Army Commendation Medal, National Defense Service Medal (2nd award), Southwest Asia Service Medal with two bronze service stars, Armed Forces Reserve Medal, Kuwait Liberation Medal - Kuwait, Kuwait Liberation Medal - Saudi Arabia, Army Service Ribbon, and the Overseas Service Ribbon with numeral 5. 6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. It states: a. the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. c. 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.) Only one award of the KDSM is authorized for any individual. DISCUSSION AND CONCLUSIONS: 1. The applicant did not serve in Korea during the period for which the Korean Service Medal or the United Nations Service Medal was authorized. 2. The applicant served in Korea during the period the KDSM is authorized. Therefore, it would be appropriate to add this award to the applicant's awards and include it on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ __x______ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his 1997 DD Form 214 award of the KDSM. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the United Nations Service Medal and Korean Service Medal. _________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) AR20140010735 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140010735 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1