IN THE CASE OF:
BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090017448
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 the Korea Defense Service Medal (KDSM) and Army Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Korea and is eligible for the KDSM. He adds that he was awarded the ARCOM while on active duty.
3. The applicant provides a National Personnel Records Center (NPRC) letter and ARCOM order in support of this 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 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's record shows he enlisted in the Regular Army and entered active duty on 1 July 1980. It also shows he was trained in and awarded military occupational specialty 95B (Military Policeman).
3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 3 November 1980 through 2 November 1981.
4. On 29 June 1984, the applicant was honorably released from active duty after completing 3 years, 11 months, and 29 days of active military service. Item 12f (Foreign Service) of the DD Form 214 he was issued shows he completed 1 year of foreign service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
5. The applicant provides Permanent Order 47-2, dated 8 June 1984, issued by Headquarters, Fort Leonard Wood, Missouri. These orders awarded him the ARCOM for meritorious service during the period 16 October 1981 through 27 June 1984.
6. The applicant also provides an NPRC letter, dated 4 May 2009. This letter indicates he was issued the KDSM.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on the KDSM. It states it is authorized for service in Korea during the period from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant's request to add the KDSM and ARCOM to his DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms he served in Korea during a qualifying period for the KDSM. In addition, the permanent order he provides confirms he was awarded the ARCOM by proper authority and this award was announced in official orders. As a result, these awards should be added to his record and DD Form 214.
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 amending item 13 of his DD Form 214 to add the Army Commendation Medal and 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) AR20090017448
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ABCMR Record of Proceedings (cont) AR20090017448
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