IN THE CASE OF:
BOARD DATE: 14 OCTOBER 2009
DOCKET NUMBER: AR20090009194
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 Korea Defense Service Medal (KDSM).
2. The applicant states, in effect, that the KDSM should be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) based on his qualifying service in the Republic of Korea (ROK).
3. The applicant provides the following documents in support of his application: DD Form 214, DD Form 4 (Enlistment Record-Armed Forces of the United States), DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), and discharge orders.
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 he enlisted in the Regular Army and entered active duty on 8 June 1959. He was trained in, awarded, and served in military occupational specialty (MOS) 732.10 (Disbursing Specialist), and his record shows he attained while serving on active duty was specialist four (SP4).
3. The applicant's DA Form 24 shows he served in the ROK from 18 December 1959 through 28 January 1961, in section 5 (Service Outside the Continental United States).
4. On 7 June 1962, the applicant was honorably released from active duty (REFRAD), in the rank of SP4, after completing 3 years of active military service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the Army Good Conduct Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-20 of the awards regulation contains guidance on award of the KDSM. It states, in pertinent part, that the KDSM is authorized to members who served in the ROK from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he should have received the KDSM based on his service in Korea was carefully considered and found to have merit. By regulation, the KDSM is authorized for service in Korea during the period beginning on 28 July 1954 through a future date to be determined. The evidence of record confirms the applicant served in the ROK from 18 December 1959 through 28 January 1961. As a result, he is eligible for the KDSM and it would be appropriate to add it to his record and DD Form 214 at this time.
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 26 of his DD Form 214.
_______ _ 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.
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