IN THE CASE OF:
BOARD DATE: 09 March 2010
DOCKET NUMBER: AR20090016548
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 (KDSM).
2. The applicant states he served in the Republic of Korea for 1 year and 15 days. He states that the U.S. Department of Defense announced the KDSM in News Release Number 088-04, dated 9 February 2004.
3. The applicant provides the following documents in support of his application: NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service); DD Form 214; Certification of Military Service; U.S. Department of Defense News Release Number 088-04, dated 9 February 2004; and a listing of campaign and service medals.
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. On 26 March 1986, the applicant enlisted in the Regular Army and he was released from active duty on 22 March 1990. His DD Form 214 shows his last duty assignment and major command was Company C, 304th Signal Company, U.S. Army Information Systems Command (USAISC) Combat Zone (CZ). His DD Form 214 indicates he completed 1 year and 15 days of foreign service.
3. A Defense Finance and Accounting Service (DFAS) electronic mail, dated
23 February 2010, reveals the applicant received overseas pay and family separation pay from 29 January 1989 through 10 March 1990.
4. 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 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:
1. The applicants contention that the 1 year and 15 days he served in the Republic of Korea entitles him to the KDSM is acknowledged.
2. The applicants military pay records at DFAS show he received overseas pay from 29 January 1989 through 10 March 1990.
3. The applicant's military pay records combined with his personal statements and unit assignment information prior to separation are accepted as sufficient evidence to confirm he served in Korea. Therefore, he is eligible for award of the KDSM and correction of his DD Form 214 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 the KDSM to his DD Form 214.
_______ _ 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) AR20090016548
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ABCMR Record of Proceedings (cont) AR20090016548
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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