IN THE CASE OF:	  

		BOARD DATE:	  7 July 2009

		DOCKET NUMBER:  AR20090002851 


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 award of the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect, that he was told the KDSM was awarded retroactively in 2003 to Soldiers who had served in the Republic of Korea.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 June 1987; a company roster of key personnel for Company C, 44th Engineer Battalion, dated 28 March 1966; his separation orders; and a copy of DA Form 137 (Installation Clearance Record), dated 19 May 1987, 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 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's military personnel record shows that he enlisted in the Regular Army on 30 August 1983 for a 4-year period.  He completed basic combat and advanced individual training and was awarded military occupational specialty 51R (Interior Electrician).  The highest rank he attained during his enlistment period was specialist four/pay-grade E-4.

3.  The applicant was honorably released from active duty on 29 June 1987 upon his expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he served on active duty for 3 years and 10 months and that he was credited with 1 year, 1 month, and 25 days of foreign service.

4.  Item 35 (Record of Assignments) of the applicant’s DA Form 20 shows he was assigned to Company C, 44th Engineer Battalion, in the Republic of Korea from 26 March 1986 to on or about 29 June 1987.

5.  The applicant submitted the following documents to support his statement that he served in the Republic of Korea.

	a.  Orders 105-54, dated 30 April 1987, published by the 199th Personnel Service Company, that show the applicant was reassigned to the U.S. Army Separation Transfer Point, Oakland Army Base, Oakland, CA, on 25 June 1987.

	b.  DA Form 137, dated 19 May 1987, which shows the applicant was assigned to Company C, 44th Engineer Battalion, and that he cleared his unit of assignment prior to transferring to the separation transfer point at Oakland Army Base in Oakland, CA.

6.  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. The area of eligibility and period of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.

	a.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  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)  be wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

		(3)  be 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 1 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.  Based on the applicant's active duty service in the defense of the Republic of Korea for a period of more than 30 consecutive days, he is eligible for award of the KDSM.

2.  Therefore, based on his service in the Republic of Korea from 26 March 1986 to on or about 19 May 1987, the date he cleared the Republic of Korea military installation, he is entitled to award of the KDSM.

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 amending the applicant's DD Form 214 with a separation date of 29 June 1987 to show award of 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)                                         AR20090002851



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002851



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1