Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080004035
Original file (20080004035.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        05 AUGUST 2008

		DOCKET NUMBER:  AR20080004035 


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, award of the Korea Defense Service Medal.

2.  The applicant states that he served in Korea during the eligibility period.

3.  The applicant provides in support of his application, a copy of his Report of Transfer or Discharge (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 11 February 1963, the applicant enlisted in the Illinois Army National Guard (ILARNG), in Quincy, Illinois, for 8 years, in the pay grade of E-1.  He was ordered to active duty for training (ACDUTRA) on 8 June 1963 and he successfully completed his training as an ordinance supply specialist.

3.  He was released from ACDUTRA on 7 December 1963 and he was returned to State control as a member of the ILARNG to complete his remaining service obligation.

4.  On 13 May 1968, the unit to which the applicant was assigned was ordered to active duty for a period of 22 months.  He was transferred to Korea on 13 December 1968.

5.  The applicant returned to the Continental United States on 18 August 1969.  He was released from active duty (REFRAD) on 22 August 1969 and he was returned to State control as a member of the ILARNG to complete his remaining service obligation.  

6.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

7.  The applicant was honorably discharged from the ILARNG on 17 August 1970.  His Report of Separation and Record of Service (NGB Form 22) shows that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Carbine and Rifle Bar.

8.  A review of the applicant's records show that he served in Korea during the eligibility period for award of the Korea Defense Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

10.  Army Regulation 600-8-22 further states that 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 area of eligibility and period of eligibility are as follows:  (1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 
30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3) participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 
60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service in Korea meets the criteria for award of the Korea Defense Service Medal.

2.  His records show that he served in Korea from 13 December 1968 until 18 August 1969.  According to the applicable regulation, he is entitled to the award of the Korea Defense Service Medal and to have the award included on his DD Form 214.

3.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 awarding him the Korea Defense Service Medal and amending his DD Form 214 to include this award.


      
      ___        XXX                ___
                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)                                         AR20080004035



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080004035



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090010424

    Original file (20090010424.txt) Auto-classification: Approved

    The applicant requests, through his Representative in Congress, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards and decorations that he was awarded or is authorized. Therefore, his records should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 for the period...

  • ARMY | BCMR | CY2008 | 20080004553

    Original file (20080004553.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 11 SEPTEMBER 2008 DOCKET NUMBER: AR20080004553 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. A review of the applicant's records show that he served in Korea during the eligibility period for award of the Korea Defense Service Medal. Army Regulation 600-8-22 further states that 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.

  • ARMY | BCMR | CY2008 | 20080009507

    Original file (20080009507.txt) Auto-classification: Approved

    The applicant requests, in effect, that his records be corrected to reflect his award of the Purple Heart and that he be awarded the Korea Defense Service Medal (KDSM), the United Nations Service Medal (UNSM), and the Parachutist Badge. However, the evidence of record shows that he is entitled to be awarded the KDSM for his service in Korea from December 1975 to February 1977. As a result, the Board recommends denial of so much of the application that pertains to adding the award of the...

  • ARMY | BCMR | CY2008 | 20080008357

    Original file (20080008357.txt) Auto-classification: Approved

    The applicant provides copies of his DD Form 214 for the period of active duty ending on 30 April 1980; NA Form 13038 (Certification of Military Service) for the period of active duty from 30 April 1966 to 26 April 1972; letter from the National Personnel Records Center, dated 16 May 2008; certificate and citation for award of the Army Commendation Medal, First Oak Leaf Cluster for the period from 15 November to 30 November 1969; and a certificate and orders for award of the Army...

  • ARMY | BCMR | CY2009 | 20090003020

    Original file (20090003020.txt) Auto-classification: Approved

    U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. The applicant states, in effect, that he was awarded the Air Assault Badge while serving with the 1st Air Cavalry Division in Vietnam, that his medals from Korea are not shown on his DD Form 214, and that his DD Form 214 was not updated to show his USAR service. The applicant is eligible for and should be awarded the KDSM and it should be added to item 24 of his 21 August 1970 DD Form 214.

  • ARMY | BCMR | CY2008 | 20080002987

    Original file (20080002987.txt) Auto-classification: Approved

    He had served 1 year, 7 months and 5 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal (AFEM) for his service in Korea. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (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...

  • ARMY | BCMR | CY2009 | 20090014002

    Original file (20090014002.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states that 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. Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

  • ARMY | BCMR | CY2008 | 20080007502

    Original file (20080007502.txt) Auto-classification: Approved

    The applicant's military records do not show that he was awarded the Korea Defense Service Medal. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2008 | 20080010012

    Original file (20080010012.txt) Auto-classification: Approved

    The applicant provides his DD Form 214 (Certificate of Release for Discharge from Active Duty) that was issued at the time of his retirement on 30 September 1996, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings; his DD Form 214 (Report of Separation from Active Duty) for his active duty service from 15 June 1976 to 28 December 1978; a DA Form 638-1 (Recommendation for Award) and certificate which awarded him the Army Commendation Medal for...

  • ARMY | BCMR | CY2008 | 20080017706

    Original file (20080017706.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. Although he was awarded the Armed Forces Expeditionary Medal for his service in Korea, he served a qualifying period for award of the Korea Defense Service Medal and is therefore entitled to correction of his records to show this award. As a result, the Board...