IN THE CASE OF:
BOARD DATE: 10 July 2008
DOCKET NUMBER: AR20080008063
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 award of the Korea Defense Service Medal (KDSM).
2. The applicant states, in effect, that she served a qualifying period for award of the KDSM.
3. The applicant provides the following additional documentary evidence in support of her application:
a. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 September 1997.
b. Headquarters, U.S. Army Training Center, Fort Jackson, South Carolina, Orders 114-038, dated 6 June 1980, Reassignment Orders.
c. Headquarters, U.S. Army Military Personnel Center, Korea, Diversion Orders Number 299-244, dated 25 October 1980.
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's records show that she enlisted in the Regular Army on 25 August 1976 and held military occupational specialty 71L (Administrative Specialist). She subsequently executed a series of extensions and/or reenlistments in the Regular Army and was placed on the Retired List in the rank of sergeant first class (SFC) on 1 October 1997.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the KDSM.
4. Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that she served in Korea from 28 October 1980 to 17 October 1981. Furthermore, Section VII (Current and Previous Assignments) of her DA Form 2-1 shows that she served in Korea from October 1980 to October 1981. She was assigned to the U.S. Army Materiel Support Center.
5. The applicant submitted a copy of her reassignment orders assigning her to the 19th Logistics Command, Korea, and a copy of her diversion orders further assigning her to the U.S. Army Materiel Support Center, Korea.
6. Army Regulation 600-8-22 (Military Awards) 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: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant served a qualifying period for award of the Korea Defense Service Medal; therefore, she is entitled to correction of her records to show this award.
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 showing award of the Korea Defense Service Medal.
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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