IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009491
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal.
2. She states she is entitled to this award because she served in Korea from January through December 1984 and from May 1991 through May 1993.
3. The applicant provides the following in support of her application:
* DD Form 214 (Report of Separation from Active Duty), effective date
15 July 1976
* DD Form 214 (Certificate of Release or Discharge from Active Duty), effective date 30 June 1995
* DA Form 2-1 (Personnel Qualification Record)
* Headquarters, Eighth U.S. Army, Special Troops Command (Provisional) Permanent Orders Number 75-1, dated 23 October 1984
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. Her records show she enlisted in the Regular Army on 31 May 1974 and she retired from active duty on 30 June 1995. She completed 21 years and 1 month of active duty service. Her records show she served in Korea from 2 January to
17 December 1984 and from 29 May 1991 to 24 May 1993.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 30 June 1995 does not show award of the Korea Defense Service Medal.
4. Headquarters, Eighth U.S. Army, Special Troops Command (Provisional) Permanent Orders Number 75-1, dated 23 October 1984, provided by the applicant, awarded her the Army Commendation Medal for meritorious service for the period from 4 January to 12 December 1984 while serving a tour of duty in Korea.
5. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows she served in Korea from 2 January to
17 December 1984 and from 29 May 1991 to 24 May 1993. By regulation, she served a qualifying period for award of the Korea Defense Service Medal; therefore, she is entitled to correction of her 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 to item 13 of her DD Form 214 for the period ending 30 June 1995 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) AR20100009491
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ABCMR Record of Proceedings (cont) AR20100009491
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