IN THE CASE OF:	  

		BOARD DATE:	        11 September 2008

		DOCKET NUMBER:  AR20080011086 


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 correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 22 July 1971 to show award of the Korea 
Defense Service Medal (KDSM).

2.  The applicant states that he served in Korea from 30 July 1970 through July 1971.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
22 July 1971.

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 applicant’s 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 applicant’s 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 on 30 July 1969 for a period of 2 years.  He served as a supply clerk and was released from active duty on 22 July 1971.

3.  The applicant’s DD Form 214 for the period ending 22 July 1971 shows the National Defense Service Medal and the Armed Forces Expeditionary Medal as authorized awards.  This DD Form 214 shows the entry, “USARPAC [U.S. Army Pacific] 0 8 20” in item 22c (Foreign and/or Sea Service).  This DD Form 214 also shows the entry, “VN [Vietnam] SERVICE:  NONE.” 

4.  The applicant’s inclusive dates of service in Korea are not available.

5.  Having prior inactive service, the applicant was ordered to active duty on 
4 February 1991 in support of Operation Desert Shield/Storm.  He was released from active duty on 9 July 1991.

6.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 July 1991 shows the Army Service Ribbon, the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Army Lapel Button, the Armed Forces Expeditionary Medal, the Army Reserve Component Achievement Medal (2), the Humanitarian Service Medal, the Driver and Mechanic Badge with Driver-W Bar, and the Army Reserve Component Overseas Training Ribbon as authorized awards. 

7.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The Armed Forces Expeditionary Medal was authorized for service in Korea from 1 October 1966 to 30 June 1974 and for no other USARPAC area during the applicant’s enlistment.  

8.  Army Regulation 600-8-22 states that the KDSM 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.  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 KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s inclusive dates of service in Korea are not available.  However, his DD Form 214 for the period ending 22 July 1971 shows that he did not have any Vietnam service, that he served 8 months and 20 days of foreign service in USARPAC, and that he was awarded the Armed Forces Expeditionary Medal.  It appears his foreign service was in Korea.   

2.  Based on the foregoing, the applicant served a period of qualifying service for award of the KDSM.  

3.  Although the applicant requested that his DD Form 214 for the period ending 22 July 1971 be corrected to show the KDSM, since the KDSM was not authorized until recently, it would be appropriate to correct his final DD Form 214 for the period ending 9 July 1991 to show this award.

BOARD VOTE:

___xx___  __xx____  ___xx___  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 his DD Form 214 for the period ending 9 July 1991. 




      _____xxxx   _______   ___
               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)                                         AR20080011086



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ABCMR Record of Proceedings (cont)                                         AR20080011086



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