BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090021274
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 (Report of Separation from Active Duty) to show award of the Korean Service Medal (taken to mean the Korea Defense Service Medal).
2. The applicant states, in effect, he was recently advised of a change in the award policy authorizing award of the Korea Defense Service Medal.
3. The applicant provides his DD Form 214 for the period ending 19 June 1978.
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 military records show that he enlisted in the Regular Army on 26 June 1972. He was awarded the military occupational specialty of radio operator. He reenlisted on 20 June 1975. The highest rank/grade he held was specialist four/E-4.
3. The applicant's DD Form 214 for the period ending 19 June 1978 shows he served a tour in Korea during the period 24 November 1975 to 19 October 1976.
4. Army Regulation 600-8-22 (Military Awards) 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:
The evidence shows the applicant served in Korea for a qualifying period of service after 28 July 1954. As such, it would be appropriate to add the Korea Defense Service Medal 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 the DD Form 214 for the period ending 19 June 1978 of the individual concerned be corrected by adding 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) AR20090021274
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ABCMR Record of Proceedings (cont) AR20090021274
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