IN THE CASE OF:
BOARD DATE: 24 JULY 2008
DOCKET NUMBER: AR20080007902
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 that he be awarded the Korean Defense Service Medal (KDSM).
2. The applicant states that he is eligible to receive the award of the KDSM for his service in Korea from May 1999 to July 2001 even though it was not authorized until after his separation from the Army.
3. The applicant provides copies of orders assigning him to Korea and a copy of his 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. He enlisted in the Regular Army in Portland, Oregon on 27 June 1995 for a period of 3 years, training as an armor crewman and participation in the Army College Fund Program. He completed his one-station unit training (OSUT) at Fort Knox, Kentucky and was transferred to Fort Hood, Texas for duty as an armor crewman.
3. On 17 July 1997, he reenlisted in the pay grade of E-4 for a period of 4 years and a selective reenlistment bonus (SRB).
4. On 10 May 1999, he was transferred to Korea and was assigned to the 2nd Infantry Division. He remained in Korea until 26 July 2001, when he was honorably released from active duty (REFRAD) due to completion of required service. He had served 6 years and 20 days of total active service, of which 2 years, 2 months and 18 days were served in Korea.
5. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act 2003 and 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,
(2) all air spaces above the land and water area.
6. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. 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 KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is eligible to be awarded the KDSM has been noted and found to have merit.
2. The applicant served in Korea for a period in excess of 2 years from May 1999 to July 2001 and thus is qualified to receive this award.
3. Accordingly, it would be in the interest of justice to award him the KDSM at this time and to correct his records accordingly.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the KDSM and by correcting his records accordingly.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ 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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