RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 August 2005
      DOCKET NUMBER:  AR20040008706


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
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 his Korean service.  He also
requests award of the Korean Defense Service Medal (KDSM) and the American
Defense Service Medal.

2.  The applicant states, in effect, that he served in Korea from February
1988 to February 1989.

3.  The applicant provides in support of his request:

      a.  OF 275 (Medical Record Report), dated 6 February 1990.


      b.  DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
16 March 1990.  The application submitted in this case is date stamped
18 October 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 16 May 1987, the applicant enlisted in the U.S. Army Reserve Delayed
Entry Program (DEP) for 8 years.  On 23 July 1987, he was discharged from
the DEP and enlisted in the Regular Army (RA) for 3 years and training in
military occupational specialty (MOS) 13N (Lance Crewmember).  He completed
the training requirements was awarded MOS 13N, and was assigned to Korea
with duties in his MOS from 12 February 1988 to 11 February 1989.  This
Foreign Service equals 1 year.

4.  On 3 March 1989, the applicant was assigned to Fort Sill, Oklahoma with
duties in his MOS.
5.  On 16 March 1990, the applicant was honorably separated from active
duty, due to a physical disability with severance pay.  The DD Form 214,
Item 12(f) (Foreign Service) is annotated to show 1 year, 0 months and 0
days.  It also shows he was awarded the Navy Good Conduct Medal (GCMDL),
Army Service Ribbon, Army Achievement Medal, Noncommissioned Officer
Professional Development Ribbon and the Expert Marksmanship Qualification
Badge, M-16 Rifle.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides that the American
Defense Service Medal is a World War II Medal awarded for service within
the American Theater between 8 September 1939 and 7 December 1941.


7.  Army Human Resources Command (HRC) Message (Date Time Group
9 February 2004) published implementing instructions for award of the KDSM.
 This message specified criteria for the award of the KDSM as follows:  a)
service members of the armed forces must have served in support of the
defense of the Republic of Korea from 28 July 1954 through a future date to
be determined by the Secretary of Defense;  b) the area of eligibility
encompasses all land area of the Republic of Korea, and the contiguous
water out to 12 nautical miles, and all air spaces above the land and water
areas;  c) service members must have been mobilized with units or assigned
or attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for
30 consecutive or 60 non-consecutive days.

8.  The HRC implementing message also authorized award of the KDSM if an
individual meets one or more of the following criteria:  a) be engaged in
actual combat during an armed engagement, regardless of the time in the
area of eligibility;  b) is wounded or injured in the line of duty and
requires medical evacuation from the area of eligibility;  c) participates
as a regularly assigned air crew member flying sorties for 30 consecutive
days or 60 nonconsecutive days into, out of, within, or over the area of
eligibility in support of military operations; or d) served in operations
and exercises conducted in the area of eligibility as long as the basic
time criteria is met.  The message further provided that, due to extensive
time period for the KDSM eligibility, the non-consecutive service period
for eligibility remains cumulative throughout the entire period.
9.  Army Regulation 635-5, in effect at the time, establishes the policies
and procedures for preparing and distributing the DD Form 214.  In
pertinent part, it directs that Foreign Service performed during the period
covered by the DD Form will be entered in Item 12(f).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Korean service is correctly shown on his DD Form 214 in
Item 12(f).

2.  The applicant is entitled to award of the KDSM and his DD Form 214
should be corrected to show this award.

3.  The applicant is not entitled to award of the American Defense Service
Medal. This time frame is long before the applicant enlisted in the RA.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mhm___  __jtm___  __jbg___  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing 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
correction of Foreign Service and award of the American Defense Service
Medal.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040008706                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0061                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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