IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080016994
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 and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that the award had not been established for eligible recipients at the time of his separation from active duty. He also states, in effect, that he met the requirements for the award.
3. In support of his application, the applicant provides copies of his Enlisted Record Brief, his DA Form 2166-7 (NCO Evaluation Report), his Army Achievement Medal certificate, his DD Form 214, a DA Form 4187 (Personnel Action), and electronic mail correspondence from the 108th Division (Institutional Training).
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 applicants military records show he enlisted in the Regular Army in pay grade E-1 on 2 December 1991 and served continuously through several reenlistments.
3. Documentation submitted by the applicant and his records show he served in Korea from 31 March 1993 through 17 March 1994.
4. The applicant was honorably discharged from active duty on 22 June 2001 for disability with severance pay.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Korea Defense Service Medal.
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 encompasses (1) 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. Due to the extensive time period for Korea Defense Service Medal KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal. Therefore, it would be appropriate to add this award to his record at this time.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
___x____ ____x___ ____x___ 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 the applicant the Korea Defense Service Medal and by providing him a corrected separation document that includes this award.
___________x______________
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) AR20080016994
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ABCMR Record of Proceedings (cont) AR20080016994
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