IN THE CASE OF:
BOARD DATE: 26 February 2009
DOCKET NUMBER: AR20080018703
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 he be awarded any medals he is eligible for based on his service in Korea.
2. The applicant states, in effect, that he was never given an overseas medal for his service in Korea from 2 June 1965 through 27 May 1966.
3. The applicant provides no documentary evidence in support of his application.
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 record shows he enlisted in the Regular Army and entered active duty on 24 November 1964, and that he was trained in and awarded military occupational specialty (MOS) 73G (Disbursing Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 11 May 1965 through 28 May 1966. Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar.
4. On 22 November 1967, the applicant was honorably released from active duty (REFRAD), in the rank of specialist five (SP5), after completing 2 years,
11 months and 29 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the National Defense Service Medal, Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar.
5. Paragraph 2-20 of the awards regulation contains guidance on award of the Korea Defense Service Medal (KDSM). It states, in pertinent part, that the KDSM is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he should have received awards based on his service in Korea was carefully considered and found to have merit. By regulation, the KDSM is authorized for service in Korea during the period beginning on 28 July 1954 through a future date to be determined. The evidence of record confirms the applicant served in Korea from 11 May 1965 through 28 May 1966, and a result he is eligible to receive the KDSM. Therefore, it would be appropriate to add this award to his DD Form 214.
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 adding the KDSM to Item 24 of his DD Form 214 and by providing him a correction to his separation document that includes this change.
_______ _ 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) AR20080018703
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018703
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140005373
His service in Vietnam coincided with the following three campaigns: * Vietnam Defense Campaign (8 March 1965-24 December 1965) * Vietnam Counteroffensive (25 December 1965-30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) 9. Based on his service in Korea, he is eligible for award of the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the VSM; b. adding to...
ARMY | BCMR | CY2014 | 20140005015
IN THE CASE OF: BOARD DATE: 12 November 2014 DOCKET NUMBER: AR20140005015 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows: a. GOs awarded the applicant the * PH * ARCOM (2nd OLC) b. the applicant qualified for award of the * NDSM * KDSM * RVNCM with Device (1960) c. the applicant also qualified for award of the VSM and he participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100007004
Application for correction of military records (with supporting documents provided, if any). By regulation, the AFEM is authorized for qualifying service in Korea between 1 October 1966 through 30 June 1974; the KDSM is authorized for service Korea between 28 July 1954 through a date to be determined by the Secretary of Defense; and the ROKPUC is authorized for service in Korea with the 7th Infantry Division between 17 September 1950 and 27 March 1971. _______ _ X____ ___ CHAIRPERSON I...
ARMY | BCMR | CY2012 | 20120012778
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 July 1972 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar. The Korea Defense Service Medal (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 from 28 July 1954 through a future date to be...
ARMY | BCMR | CY2014 | 20140006095
The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. There is no evidence of record and he failed to provide evidence showing the PUC was awarded to any of the units to which he was assigned. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2010 | 20100017606
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following awards for his foreign service in the Republic of Vietnam (RVN) and in the Republic of Korea (ROK): * Army Good Conduct Medal (AGCM) (First Award) * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * Korean Defense Service Medal...
ARMY | BCMR | CY2009 | 20090010265
The applicant's record is void of any orders or other documents that show he was ever recommended for or awarded the ARCOM or AAM by proper authority while serving on active duty. As a result, it would also be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 25 February 1964 to 24 February 1966, and to add this award to his record and DD Form 214 at this time. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2014 | 20140020896
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award. As a result, the Board...
ARMY | BCMR | CY2011 | 20110005893
Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army...
ARMY | BCMR | CY2008 | 20080007012
The applicant departed Vietnam on 10 March 1966. Army Regulation 600-8-22 states that the Korea Defense Service Medal (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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained on 23 November 1965; and b. adding...