BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090010828
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 Korean War Medal [it is believed the applicant meant the Korean Defense Service Medal] and its addition to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states that he feels due to the fact he earned this award, it should be shown on his DD Form 214.
3. In support of his application, the applicant provides copies of a Certificate of Achievement and his DD Form 214.
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 applicants military records show he was appointed in the United States Army Reserve, as a second lieutenant, on 30 May 1955. He entered extended active duty on 4 July 1955. He served in Korea from 5 July 1958 to 31 July 1959.
3. The applicant submits a copy of a Certificate of Achievement presented to him for meritorious contributions to the Aviation Section, 4th U.S. Army Missile Command (Air Transportable), Camp Page, Korea, from 22 August 1958 to 27 July 1959.
4. The applicant was honorably released from active duty, as a lieutenant colonel, on 31 August 1975, for the purpose of retirement, and was transferred to the Retired Reserve. He was credited with completed 20 years, 1 month, and 27 days net active service.
5. Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 list the following awards: the Armed Forces Reserve Medal, the Vietnam Service Meal with one silver and one bronze service star, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with "60" Device, the Master Army Aviator Badge, the Air Medal with Eleven Oak Leaf Clusters, the Army Commendation Medal, the Bronze Star Medal with One Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Silver Star, the Valorous Unit Award with One Oak Leaf Cluster, and four Overseas Service Bars. The Korean Defense Service Medal is not shown.
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.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that 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.
2. 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 Korean Defense Service Medal and providing him a corrected DD Form 214 that includes this award.
_______ _ __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) AR20090010828
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090010828
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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