IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090003073
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal.
2. The applicant states, in effect, that he believes he is qualified to receive the Korea Defense Service Medal based on his service in the Republic of Korea from 1972 through 1973.
3. The applicant provides, in support of his application, copies of his DD Form 214 and his assignment orders to and from the Republic of 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. At the time of his application, the applicant was a retired lieutenant colonel, United States Army.
3. On 9 June 1972, the applicant entered the United States Army as a second lieutenant, Air Defense Artillery.
4. On or about 15 August 1972, the applicant was assigned duty with the 2nd Battalion, 44th Air Defense Artillery Brigade, in the Republic of Korea. During this tour of duty, he served as an integrated fire officer, a battery executive officer, and an operations officer. On or about 1 August 1973, he returned to the United States for duty at Fort Bliss, Texas.
5. The applicant served through a series of assignments and attained the rank of lieutenant colonel on 1 October 1989.
6. On 30 June 1994, the applicant was retired for length of service. He had completed 22 years and 22 days of creditable active duty service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 list his awards as the Legion of Merit, Defense Meritorious Service Medal, Meritorious Service Medal with two Oak Leaf Clusters, Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, National Defense Service Medal (two awards), Armed Forces Expeditionary Medal, Army Service Ribbon, and the Overseas Service Ribbon with Numeral 2. It does not show award of the Korea Defense Service Medal.
8. 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. It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South Korea, and the contiguous water out to
12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Korea Defense Service Medal.
2. The evidence of record clearly shows the applicant served in the Republic of Korea during a qualifying period for award of the Korea Defense Service Medal. Therefore, his records should be corrected 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 showing, in addition to the awards already shown on his DD Form 214, his authorized awards include 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.
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