DOCKET NUMBER: AR20090004155
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 March 2004 to show the Korea Defense Service Medal (KDSM).
2. The applicant states that he served in Korea for 4 months and then returned to the United States as a result of a compassionate reassignment.
3. The applicant provides a copy of his DA Form 4037 (Officer Record Brief (ORB)) and a DA Form 67-8 (Officer Evaluation Report (OER)) for the period 8 February 1997 through 12 June 1997 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. Having prior active service in the Regular Army, the applicant enlisted in the U.S. Army Reserve on 14 January 1994. He was appointed as a warrant officer two on 14 January 1996.
3. The applicants ORB shows that he served in Korea from 8 February 1997 to 13 June 1997. His OER for the period covering 8 February 1997 through 12 June 1997 shows he was assigned to Camp Casey, Korea.
4. The applicant was honorably discharged on 7 October 2000.
5. The applicant's DD Form 214 for the period ending 7 October 2000 does not show the KDSM as an authorized award.
6. The applicant entered active duty on 3 March 2003 and was released from active duty on 2 March 2004.
7. The applicant's DD Form 214 for the period ending 2 March 2004 does not show the KDSM as an authorized award.
8. 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 are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 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 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:
The applicant served a period of qualifying service for award of the KDSM. Therefore, his DD Form 214 for the period ending 2 March 2004 should be corrected to show 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 adding the KDSM to his DD Form 214 for the period ending 2 March 2004.
___________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) AR20090004155
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ABCMR Record of Proceedings (cont) AR20090004155
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