IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090007030
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 that he be awarded the Korea Defense Service Medal (KDSM).
2. The applicant states that he served two tours in Korea and he was not awarded the KDSM.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of the Department of Defense (DOD) News Release announcing the KDSM on 9 February 2004.
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 (RA) on 28 May 1980 and successfully completed his training. He remained on active duty through a series of continuous reenlistments.
3. He served in Korea from 28 June 1984 to 13 July 1985 and from 19 June 1990 to 29 June 1991. He was promoted to the pay grade of E-6 on 1 June 1990.
4. On 31 May 2000, he was honorably released from active duty (REFRAD) on 31 May 2000 by reason of sufficient service for retirement. He was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) in the pay grade of E-6, effective 1 June 2000. He had served 20 years and 3 days of total active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending
31 May 2000 does not reflect the award of the KDSM.
5. 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 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. The Soldiers 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:
a. be engaged in combat during an armed engagement, regardless of the
time in the area of eligibility;
b. wounded or injured in the line of duty and required medical evacuation
from the area of eligibility; or
c. participate as a regularly assigned air crewmember flying sorties into, out
of, or within the area of eligibility in direct support of military operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is eligible for award of the KDSM has been noted and found to have merit. The evidence of record shows that the applicant served two complete tours of duty in Korea during the period of qualification for the KDSM.
2. Therefore, it would be in the interest of justice to award him the KDSM at this time and to correct his records accordingly.
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 him the KDSM and correcting his records accordingly.
___________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) AR20090007030
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