IN THE CASE OF:
BOARD DATE: 14 July 2009
DOCKET NUMBER: AR20090004644
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) for his service in Korea.
2. The applicant states that he looked into the requirements for award of the KDSM and he is qualified to receive this award. He states that he served in Korea for over 1 year approximately from 4 March 1996 to 15 June 1997.
3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record Part II) 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 enlisted in the Regular Army on 9 August 1994. At the completion of one-station unit training at Fort Benning, GA, he was awarded military occupational specialty 11B (infantryman).
3. His DA Form 2-1 shows he arrived in Korea on or about 6 March 1996 and departed on 6 August 1997.
4. The applicant was honorably released from active duty on 3 March 1999. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show entitlement to the KDSM.
5. Information obtained from the Defense Finance and Accounting Service on 18 June 2009 revealed the applicant served in Korea from 7 March 1996 to 6 August 1997.
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 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. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant's service personnel records confirm he served in Korea from March 1996 to August 1997. Therefore, he has served a period of qualifying service for award of the KDSM and this award should be added to 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 his DD Form 214 to add award of the KDSM.
___________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) AR20090004644
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ABCMR Record of Proceedings (cont) AR20090004644
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