IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20090020794
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 his 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect entitlement to the Korea Defense Service Medal.
2. The applicant states he was issued the medal but needs an updated DD Form 214 in order to maintain eligibility for his Department of Defense position.
3. The applicant provides no additional evidence in support of his request.
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. Records available to the Board indicate the applicant enlisted in the Regular Army on 28 April 1995. His enlistment contract indicates he enlisted for training as a combat engineer and assignment to Korea.
3. In August 1995, he completed training at Fort Leonard Wood, Missouri. Documents in the applicants file indicate that by October 1996 he was assigned to Fort Campbell, Kentucky where he remained until he was released from active duty on 27 April 1998.
4. The applicants file does not contain any specific evidence confirming he served in Korea; however, item 12f (foreign service) on his DD Form 214 indicates he was credited with 1 year of service overseas. He was also awarded an Overseas Service Ribbon.
5. Army Regulation 614-30 (Overseas Service) states a normal unaccompanied tour of duty in Korea is 12 months.
6. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
7. Army Regulation 600-8-22 states the Korea Defense Service Medal 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
Although there is no specific evidence which confirms the applicant served in Korea, the fact he enlisted for duty in Korea, his DD Form 214 shows he served 1 year overseas, and he was awarded an Overseas Service Ribbon is sufficient to reasonably conclude the applicant did serve in Korea and as such he is entitled to the Korea Defense Service Medal.
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 Korea Defense Service Medal to his DD Form 214 and providing him a document that shows this correction.
_______ _ __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) AR20090020794
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ABCMR Record of Proceedings (cont) AR20090020794
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