Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090012113
Original file (20090012113.txt) Auto-classification: Approved

		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 applicant’s 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 applicant’s 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012113



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090010501

    Original file (20090010501.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) 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 applicant completed a qualifying period of service in Korea from 23 January 1975 through 12 February 1976 for award of the KDSM. Therefore, he is entitled to award of the KDSM and correction of his military records to show this award.

  • ARMY | BCMR | CY2005 | 20050002337C070206

    Original file (20050002337C070206.doc) Auto-classification: Denied

    Retroactive award for members not serving on active duty on the effective date, 1 August 1981, is not authorized. The evidence of record confirms the applicant did not enter active duty until 3 December 1975, and that he served during a period when the NDSM was not authorized. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Korea Defense Service Medal; and by providing him a correction to...

  • ARMY | BCMR | CY2005 | 20050017217C070206

    Original file (20050017217C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that his record be corrected to show his entitlement to the Korean Defense Service Medal (KDSM) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and that all his Reserve service should be included on his 17 November 1981 separation document (DD Form 214). The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends...

  • ARMY | BCMR | CY2005 | 20050004767C070206

    Original file (20050004767C070206.doc) Auto-classification: Approved

    The DD Form 214, effective 22 April 1991, issued to the applicant after his most recent tour of active duty, shows that he was awarded the Army Service Ribbon and the National Defense Service Medal. Army Regulation 600-8-22 provides, in pertinent part, 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...

  • ARMY | BCMR | CY2004 | 20040010325C070208

    Original file (20040010325C070208.doc) Auto-classification: Approved

    James B. Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Accordingly, he should have been awarded the NDSM at the time of his REFRAD on 27 February 1961 or on his discharge on 12 October 1964. Although the KDSM was not authorized until 2004, the applicant served in Korea from October 1958 to November 1959, which is after the initial eligibility date of 28 July 1954.

  • ARMY | BCMR | CY2011 | 20110000044

    Original file (20110000044.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). He provides: * Permanent Change of Station (PCS) orders to South Korea, dated 27June 1975 * Two DA Forms 67-7 (U.S. Army Officer Evaluation Report) for the periods September 1975 - 9 September 1976 and September 1976 - November 1976 * PCS orders from South Korea, dated 9 August 1976 * Certificate of Achievement, dated 1 June 1985 * Three DA Forms 67-8 (U.S. Army Officer Evaluation Report) for the...

  • ARMY | BCMR | CY2010 | 20100020051

    Original file (20100020051.txt) Auto-classification: Approved

    BOARD DATE: 22 February 2011 DOCKET NUMBER: AR20100020051 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the KDSM 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 26 of his DD Form 214 for the...

  • ARMY | BCMR | CY2008 | 20080020043

    Original file (20080020043.txt) Auto-classification: Approved

    The applicant requests, in effect, award of the Korea Defense Service Medal (KDSM). Army Regulation 600-8-22 (Military Awards) states that the KDSM 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 (ROK). Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

  • ARMY | BCMR | CY2015 | 20150002917

    Original file (20150002917.txt) Auto-classification: Approved

    It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. One OS Bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service in Korea, between 27 June 1950 and 27 July 1954. Credit toward an OS Bar is authorized for each...

  • ARMY | BCMR | CY2008 | 20080010487

    Original file (20080010487.txt) Auto-classification: Approved

    The applicant requests award of the Good Conduct Medal and the Korea Defense Service Medal (KDSM). Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 14 March 1975 through 13 March 1978. _______XXXX _ _______ ___ 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.