IN THE CASE OF:
BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090020189
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 (Armed Forces of the United States Report of Transfer of Discharge) to show award of the National Defense Service Medal (NDSM) and Korea Defense Service Medal (KDSM).
2. The applicant states the KDSM is not on his DD Form 214 because it is a new award and the NDSM is missing due to clerical error.
3. The applicant provides a copy of his DD Form 214.
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's surname appears to be misspelled on his DD Form 149 (Application for Correction of Military Record). The service number provided on the DD Form 149 is verified by the service number on the DD Form 214.
3. The applicant's military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the DD Form 214 provided by the applicant is sufficient to conduct a fair and impartial review of this case.
4. The applicant was inducted into the Army of the United States on 14 August 1963. He was awarded military occupational specialty 76A (Supply Clerk). He served 2 years and received an honorable separation on 13 August 1965.
5. The applicant's DD Form 214 shows in item 24c (Foreign and/or Sea Service) he served in Korea for 1 year and 18 days. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the NDSM or KDSM.
6. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
7. Army Regulation 600-8-22 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. 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:
1. The applicant's request for correction of his DD Form 214 to show award of the NDSM and KDSM is supported by the evidence.
2. The applicant received an honorable separation on 13 August 1965 during a qualifying period for the NDSM. He is entitled to correction of his records to show this award.
3. The applicant served in Korea for 1 year and 18 days. This is a qualifying period for award of the KDSM and 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 the following to his DD Form 214:
* National Defense Service Medal
* 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) AR20090020189
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