IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080006219
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, that the Korea Defense Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 June 1987.
2. The applicant states that he served in Korea.
3. The applicant provides two DD Forms 214, one for the period ending 23 June 1987 and one for the period ending 25 October 1978.
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. The applicant enlisted in the Regular Army on 5 February 1976. He was honorably discharged on 25 October 1978 and immediately reenlisted on 26 October 1978.
3. The applicant departed the States en route to Korea on 21 June 1981 and departed Korea after completing a normal tour on 20 June 1982.
4. The applicant was honorably discharged on 23 June 1987.
5. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal. 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense, and the area of eligibility is 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,
(2) all air spaces above the land and water area.
DISCUSSION AND CONCLUSIONS:
Implementing instructions for award of the Korea Defense Service Medal were established after the applicant separated. His service in Korea makes him eligible for this award, and it should be added to his DD Form 214 for the period ending 23 June 1987.
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 adding the Korea Defense Service Medal to his DD Form 214 for the period ending 23 June 1987.
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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