BOARD DATE: February 4, 2010
DOCKET NUMBER: AR20090014473
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, that he be awarded the Korea Defense Service Medal (KDSM).
2. The applicant states that he has been denied the KDSM because his records do not reflect service in Korea; however, he served in Korea at Camp Red Cloud from July 1990 to August 1991.
3. The applicant provides a copy of his Officer Record Brief (ORB), a copy of his Officer Evaluation Report (OER) showing he served in Korea as an operations officer, a copy of Defense Meritorious Service Medal award orders presented for his service in Korea, a copy of orders transferring him to Korea, a copy of his clearance papers from Korea, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 was commissioned as a Regular Army field artillery second lieutenant in May 1974. He continued to serve and was promoted to the rank of major on 1 July 1985. He served in Korea from June 1990 to June 1991, when he was transferred to Fort Leavenworth, Kansas, where he remained until he retired on 31 August 1994 and was transferred to the Retired List in the rank of lieutenant colonel effective 1 September 1994.
3. 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. The area of eligibility and period of eligibility are as follows:
a. the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles,
b. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he served in Korea and is entitled to award of the KDSM has been noted and found to have merit.
2. He served in Korea from June 1990 to June 1991 and thus qualified for award of the KDSM. Accordingly, it should awarded at this time and his records corrected accordingly.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a KDSM set and by correcting his records to reflect this award.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. 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.
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