IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140014527 


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 (Report of Separation from Active Duty) to show the Korea Defense Service Medal and any other awards he may be entitled to.

2.  The applicant states he believes he earned the Korean Service Medal (i.e., Korea Defense Service Medal) for his military service in Korea from 1974 to 1976. He would like his records reviewed for any other awards/medals that he earned.

3.  The applicant provides two DD Forms 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 enlisted in the Regular Army (RA) on 9 November 1972.  On 26 February 1975, he was assigned to Korea.  On 26 May 1976, he was honorably discharged in Korea for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows the National Defense Service Medal.

3.  On 27 May 1976, he reenlisted in the RA.  He served in Korea through 14 June 1976.  He was honorably discharged on 25 June 1979.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Item 9 (Awards, Decorations & Campaigns) of his DA 2-1 (Personnel Qualification Record) shows award of the Expert Marksmanship Qualification Badge with Grenade  Bar.

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 of record confirms the applicant served in Korea during a qualifying period of service for award of the Korea Defense Service Medal and his DA Form 2-1 shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his final DD Form 214 accordingly.

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 amending his final DD Form 214 by adding the Korea Defense Service Medal and Expert Marksmanship Qualification Badge with Grenade Bar.



      __________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)                                         AR20140014527





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ABCMR Record of Proceedings (cont)                                         AR20140014527



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