IN THE CASE OF:
BOARD DATE: 17 February 2010
DOCKET NUMBER: AR20090013999
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, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Korea Defense Service Medal.
2. The applicant states he served 8 months and 28 days in Korea and would like this award added to a DD Form 215 (Correction to DD Form 214). He states that this award was not issued or recorded on his DD Form 214.
3. The applicant provides no additional documents in support of his application.
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 16 April 1974. He completed infantry training and his highest rank/grade he attained during his tenure of service was specialist four (SP4)/E-4.
3. The applicants DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Korea from 21 April 1976 to 18 January 1977.
4. The applicant was honorably discharged on 19 January 1977. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 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 and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant's service personnel records confirm he served in Korea from 21 April 1976 to 18 January 1977 which qualifies him for award of the Korea Defense Service Medal. Therefore, his records should be corrected to show this service medal.
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 to item 26 of his DD Form 214 the Korea Defense Service Medal.
__________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) AR20090013999
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ABCMR Record of Proceedings (cont) AR20090013999
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