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 applicants 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 applicants 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.
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