IN THE CASE OF:
BOARD DATE: 11 SEPTEMBER 2008
DOCKET NUMBER: AR20080004553
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, in effect, that he served in Korea during the eligibility period.
3. The applicant provides in support of his application a copy of his Personnel Qualification Record; and a copy of his Certificate of Release or Discharge from Active Duty (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. After completing 2 years in the United States Army Reserve (USAR), and 4 years of total active service in the Regular Army (RA) the applicant enlisted in the USAR for 3 years on 31 March 1980. He enlisted in the RA on 13 May 1980.
3. The available records show that on 22 December 1981, the unit to which the applicant was assigned was transferred to Korea.
4. The applicant returned to the Continental United States on 9 February 1983. His records show that he remained on active duty in the RA through a series of reenlistments.
5. He retired on 30 June 1995 and he was transferred to the USAR Control Group (Retired Reserve). The DD Form 214 that he was furnished at the time of his retirement shows that he was awarded the Meritorious Service Medal, the Army Commendation Medal (5th Award), the Army Achievement Medal (6th Award) the Army Good Conduct Medal (5th Award), the National Defense Service Medal (2nd Award), the Noncommissioned Officers Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (3rd Award), the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Driver and Mechanic Badge with Driver-W Bar, the Army Gold Recruiter Badge, and the Bronze German Armed Forces Badge.
6. 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.
7. 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 22 December 1981 until 9 February 1983. 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) AR20080004553
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