IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20080020043
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 (KDSM).
2. The applicant states he served four tours in Korea and the award came out after he retired.
3. The applicant provides a DD Form 214 (Report of Separation from Active Duty) for the period ending 14 August 1975 showing award of the Armed Forces Expeditionary Medal (AFEM) for Korea, as well as numerous orders showing his various periods of service in Korea.
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 is a retired Chief Warrant Officer Four with more than 29 years of active federal service. He served four tours of duty in Korea during the periods 1974-1975, 1976-1979, 1981-1982, and 1984-1985. The National Defense Authorization Act (NDAA) of Fiscal Year 2003 authorized acceptance of the KDSM. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) does not show award of the KDSM.
3. Army Regulation 600-8-22 (Military Awards) 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 (ROK). It further provides:
a. The area of eligibility and period of eligibility are as follows:
(1) the area of eligibility encompasses all land area of the ROK, and the contiguous water out to 12 nautical miles,
(2) all air spaces above the land and water area.
b. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
c. 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.
d. Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for
which the KDSM was subsequently authorized are eligible for both the AFEM
and the KDSM. Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the NDAA of Fiscal Year 2003, Public Law 107-314.
e. Only one award of the KDSM is authorized for any individual.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the KDSM.
2. The applicant has shown he served multiple tours in Korea during the qualifying period for award of the KDSM. Therefore, he is entitled to this award and correction of his records to show this award.
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 to item 13 of the applicant's DD Form 214 for the period ending 31 August 2003 the Korea Defense Service Medal.
__________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) AR20080020043
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ABCMR Record of Proceedings (cont) AR20080020043
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