IN THE CASE OF:
BOARD DATE: 27 AUGUST 2009
DOCKET NUMBER: AR20090005677
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, award of the Korean Service Medal [it is believed the applicant meant the Korea Defense Service Medal] and any other awards he may be authorized.
2. The applicant states, in effect, that he is authorized the Korea Defense Service Medal for his service in Korea during 1988-1989. He was assigned to the United Nations Command/Joint Security Force with duty in Panmunjom which is in the demilitarized zone, South Korea. He states that this is a new award that was authorized after his retirement. The new award was authorized for service in Korea from 1954 to the present which includes the period in which he served.
3. In support of his application, the applicant provides copies of his assignment orders for Korea and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 records show he was appointed in the United States Army Reserve, Infantry Branch, as a second lieutenant, on 12 August 1977. He was ordered to active duty and entered an active duty status on 27 October 1977. His period of active duty was extended on 8 March 1979.
3. Headquarters and Headquarters Company, 573rd Personnel Service Company, Fort Bragg, North Carolina, Orders 67-34, dated 12 April 1988, show the applicant was being assigned to Headquarters and Headquarters Company, 8th Personnel Command, Korea for 12 months with a reporting date of 1 July 1988.
4. The applicant was honorably separated from active duty, as a lieutenant colonel, on 31 August 1998, for the purpose of retirement. He was credited with 20 years, 10 months, and 4 days of net active service. He was also credited with completing 1 year and 1 month of foreign service.
5. The applicant was issued a DD Form 214 that shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards: the Legion of Merit, the Meritorious Service Medal (4th Award), the Army Commendation Medal (7th Award), the Army Achievement Medal, the Army Superior Unit Award, the National Defense Service Medal, the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Infantryman Badge, the Master Parachutist Badge, the Air Assault Badge, the Ranger Tab, and the Military Outstanding Volunteer Service Medal. The Korea Defense Service Medal is not listed.
6. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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 (1) 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. Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
7. Army Regulation 600-8-22 provides for award of the Korean Service Medal for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's records revealed he received all awards he is entitled to for his period of active duty service except for the Korea Defense Service Medal which was authorized after he was separated from active duty.
2. The evidence shows the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal. Therefore, it would be appropriate to add this award to his record at this time.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
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 awarding the applicant the Korea Defense Service Medal and amending his
DD Form 214 to add this award.
_______ _ _XXX______ ___
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) AR20090005677
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ABCMR Record of Proceedings (cont) AR20090005677
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