IN THE CASE OF:
BOARD DATE: 13 August 2009
DOCKET NUMBER: AR20090004387
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM).
2. The applicant states, in effect, that she was stationed at Camp Red Cloud in the Republic of Korea for a period of time which qualified her for award of the KDSM. She also states that the KDSM did not become an authorized award until after she was discharged from the Army.
3. The applicant provides no documentary evidence in support of this request.
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 record shows that she enlisted in the Regular Army on 22 April 1986 and served on active duty until 1 May 1994. She completed basic combat training and advanced individual training. Upon completion of advanced individual training she was awarded military occupational specialty (MOS) 31C (Single Channel Radio Operator). At a later date she reclassified into MOS 31F (Electronic Switching Systems Operator). The highest rank she attained while serving was the rank of sergeant/pay grade E-5.
3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows she served in Korea during the period of 7 December 1988 through 16 January 1990, a total of 1 year, 1 month, and 10 days. Item 5 also shows the applicant served in Germany during the period of 1 October 1991 through 22 February 1994, a total of 2 years, 4 months, and 22 days. Combining these two periods of time shows the applicant's total overseas service was 3 years, 6 months, and 2 days.
4. Item 12f (Foreign Service) of the applicant's DD Form 214 shows that she served 3 years, 6 months, and 2 days of foreign service during this period of service. Item 27 (Remarks) shows the applicant's last overseas service was in Korea.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the KDSM.
6. Army Regulation 600-8-22 (Military Awards) shows the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003. This
regulation provides 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 encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that her records should be corrected to show award of the KDSM was carefully considered and determined to have merit.
2. Evidence shows the applicant served on active duty during a designated period of time to qualify for award of the KDSM. Therefore, she is entitled to award of the KDSM and to have her records 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 adding the Korea Defense Service Medal to item 13 of her DD Form 214 for the period ending 1 May 1994.
_______ _ _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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