IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090012113
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 National Defense Service Medal (NDSM) and the Korea Defense Service Medal (KDSM) and that his DD Form 214 ((Report of Separation from Active Duty) be corrected accordingly.
2. The applicant states that until recently he was unaware that he was eligible for the awards.
3. The applicant provides a copy of 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 applicant enlisted in the Regular Army on 24 February 1975 for a period of 2 years and training as a helicopter repairman. He successfully completed his training and was transferred to Korea on 3 August 1975. He departed Korea on 12 September 1976 and was transferred to Fort Campbell, Kentucky, where he remained until he was honorably released from active duty (REFRAD) in the pay grade of E-3 on 23 February 1977. He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal.
3. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal. This message specified criteria for the award of the Korea Defense Service Medal as follows: service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense.
4. Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the KDSM has been noted and found to have merit. He serve in Korea from August 1975 to September 1976. Accordingly, he should be awarded the KDSM at this time.
2. The applicant's contention that he is eligible for award of the NDSM has been noted and found to lack merit. The applicant did not serve on active duty during a period that qualified for award of the NDSM. Accordingly, there appears to be no basis to award him the NDSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 adding it to his records.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the NDSM.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20090012113
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