IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090014329
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal.
2. The applicant states, in effect, that he served a qualifying period of service in Korea.
3. The applicant provides a copy of his DD Form 214 for the period ending 31 October 1992; a copy of his DD Form 215 (Correction to DD Form 214), dated 15 June 1992; a copy of his Officer Record Brief; and a copy of Orders 207-74, issued by Headquarters, 2nd Infantry Division, APO SF 96224, dated 5 August 1987, in support of his request.
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. With prior enlisted service, the applicant's records show he was appointed as a second lieutenant on 6 June 1973 and he entered active duty on 30 June 1973. He served in various command and staff positions and he was honorably retired on 30 April 1991. He was placed on the Retired List in the rank of major on 1 May 1991.
3. The applicants records also show he served in Korea from 21 June 1979 to 10 June 1980 and from August 1986 to August 1987.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
30 April 1991does not show award of the Korea Defense Service Medal.
5. 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 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. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant served in Korea from 21 June 1979 to 10 June 1980 and from August 1986 to August 1987. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.
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 13 of his DD Form 214 for the period ending 30 April 1991 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.
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