DOCKET NUMBER: AR20090004065
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, the Korea Defense Service Medal.
2. The applicant states he is eligible for a medal for service in Korea in 1962.
3. The applicant provides no additional evidence or official documentation 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 applicant's military personnel records show he was inducted into the Army of the United States on 10 October 1961. He completed basic combat training and advanced individual training and was awarded military occupational specialty 111.10 (Light Weapons Infantryman).
3. The applicant was assigned to the 1st Reconnaissance Squadron,
9th Cavalry in the Republic of Korea during the period from 27 March 1962
to 22 March 1963.
4. Section 9 (Medal, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal.
5. On 9 October 1963, the applicant was released from active duty by reason of expiration of term of service. He had completed 2 years of active service that was characterized as honorable.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 indicates he was awarded the Army Good Conduct Medal. No other awards are included in item 26.
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.
8. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period from 27 July 1950 through 27 July 1954, from 1 January 1961 through 14 August 1974, from 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant served in the Republic of Korea more than 30 days in support of the defense of the Republic of Korea. Therefore, he is authorized the Korea Defense Service Medal.
2. Records show the applicant served honorably during the period 1 January 1961 through 14 August 1974. Therefore, he is authorized the National Defense Service Medal.
3. The applicant's DA Form 24 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, it would be appropriate to include this award on 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 amending item 26 of the applicant's DD Form 214 to add the National Defense Service Medal, the Korea Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
_______ _ _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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