BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20100000359
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 award of the Korea Defense Service Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Korea from 12 July 1982 through 11 July 1983. In effect, his certificate for the Army Commendation Medal is proof of his time in Korea.
3. The applicant provides copies of two certificates for award of the Army Achievement Medal and the Army Commendation Medal, his Primary Non-Commissioned Officer Course for Combat Arms Diploma, and a Commandants List memorandum.
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
2. The applicants military records show he enlisted in the Delayed Entry Program on 19 February 1982. He enlisted in the Regular Army in pay grade E-1 on 4 March 1982. He completed training and was awarded military occupational specialty 19E, Armor Crewman. He served in Korea from 12 July 1982 to 8 July 1983 with Company C, 1st Battalion, 72nd Armor, 2nd Infantry Division.
3. The applicant submits copies of two certificates for award of the Army Achievement Medal and the Army Commendation Medal and for meritorious service with Company C, 1st Battalion, 72nd Armor, 2nd Infantry Division, from 7 to 23 March 1983 and from 12 July 1982 to 11 July 1983, respectively. The copy of the diploma submitted shows he graduated from the course and the diploma was awarded at Camp Casey, Korea, on 1 July 1983.
4. The applicant also submits a copy of a Commandants List memorandum, dated 1 July 1983, wherein he was commended on his selection on the Commandants List of the Primary Non-Commissioned Officer Course for Combat Arms Class #7-83, 5 June 1983 to 1 July 1983.
5. The applicant continuously on active duty through several reenlistments and was discharged from active duty on 27 July 1987 with a general discharge. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Korea Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states that 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 area of eligibility encompasses (1) all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 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 evidence shows that the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal. Therefore, it would be appropriate to add this award to his DD Form 214 at this time.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 issuing the applicant the Korea Defense Service Medal and by providing him a corrected DD Form 214 that adds this award.
_______ _ _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) AR20100000359
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000359
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