IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018632
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 that his Joint Service Commendation Medal (JSCM) and the Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the JSCM but it wasnt entered on his DD Form 214. As for the KDSM, that award wasnt authorized until after his discharge.
3. The applicant provides his DD Form 214 and his JSCM certificate and citation.
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 applicants military records show that he enlisted in the Regular Army on 1 July 1966, was awarded the military occupational specialty of communications center specialist, served in Vietnam from 31 January 1967 to 5 September 1968, and was promoted to pay grade E-6.
3. He reenlisted on 8 August 1969, and he served in Belgium, Germany and the Republic of Korea (from 23 February 1973 to 20 February 1974). He was honorably discharged on 7 August 1975.
4. The applicants records contain General Orders Number 49 dated 29 March 1972 which awarded the applicant the JSCM.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal. This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the JSCM by general orders. Therefore, he is entitled to have this award added to his DD Form 214.
2. The applicant served in Korea during the time for which the KDSM was authorized. As such, he is entitled to have this award added to his 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 adding to his DD Form 214 for the period ending 7 August 1975 the JSCM and the KDSM.
_______ _ 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) AR20090018632
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ABCMR Record of Proceedings (cont) AR20090018632
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