IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20080019914
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 the Korea Defense Service Medal be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 1995. He also requests that a copy of his
DD Form 214 be filed in his official military personnel record (OMPF) in the Archives.
2. The applicant states he is qualified for the Korea Defense Service Medal based on his service in Korea. He also states there is currently no copy of his DD Form 214 in his OMPF.
3. The applicant provides, in support of his application, copies of his
DD Form 214, his DA Form 2-1 (Personnel Qualification Record), and the implementing instructions for the Korea Defense Service Medal from the Human Resources Command, Alexandria.
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 military personnel records show he enlisted in the Regular Army on 2 September 1977. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 63B (Light Wheel Vehicle Mechanic).
3. Item 35 (Record of Assignments) of the applicant's DA Form 2-1, submitted by the applicant, indicates he was assigned to Headquarters and Headquarters Company, Division Support Command (DISCOM), 2nd Infantry Division in Korea during the period from 31 December 1992 to 17 December 1993.
4. The applicant's DA Form 2166-7 (NCO [noncommissioned officer] Evaluation Report) for the period from January 1993 to April 1993 indicates that his unit during that period was Headquarters and Headquarters Company, DISCOM,
2nd Infantry Division in Korea.
5. A DA Form 638-1 (Recommendation for Award [for Other Than Valor] of Army Achievement Medal [AAM], Army Commendation Medal [ARCOM], and Meritorious Service Medal [MSM]) approved the award of the Army Commendation Medal (2nd Oak Leaf Cluster) to the applicant for meritorious service during the period from 13 December 1992 to 12 December 1993 while assigned to Headquarters and Headquarters Company, DISCOM in Korea.
6. A review of the applicant's official military personnel file (OMPF) contained on the iPERMS (integrated Personnel Electronic Records Management System) indicated that a copy of his DD Form 214 is not included in his OMPF on iPERMS.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal. The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003. This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. Only one award of the Korea Defense Service Medal is authorized for any individual.
DISCUSSION AND CONCLUSIONS:
1. The Korea Defense Service Medal was not authorized until after the applicant was released from active duty. The preponderance of evidence, the
DA Form 2-1, the DA Form 2166-7, and the DA Form 638-1 show the applicant served at least 30 consecutive days in the Republic of Korea after 28 July 1954. Therefore, it is appropriate to amend his DD Form 214 to show he is authorized the Korea Defense Service Medal.
2. In addition, it is appropriate to file a copy of the applicant's DD Form 214 in his OMPF contained on iPERMS.
BOARD VOTE:
__X____ ___X____ ___X____ 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 amending his DD Form 214 to show he is authorized the Korea Defense Service Medal.
2. The Board also recommends that a copy of the applicant's DD Form 214, along with the above correction, be filed in his OMPF contained on iPERMS.
_______ _ 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) AR20080019914
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ABCMR Record of Proceedings (cont) AR20080019914
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