IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100009540
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 (Certificate of Release or Discharge from Active Duty) to show retroactive award of the Korea Defense Service Medal.
2. The applicant states he served in Korea twice during the period 1972 - 1973 and 1988 - 1989 and he should be entitled to this award.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 June 1974 and a copy of his DD Form 214 for the period ending 30 June 1995.
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. With prior enlisted service, the applicant's records show he was appointed as a second lieutenant on 9 May 1982 and he entered active duty on 23 February 1984. He served in various command and staff positions and he was honorably retired on 30 June 1995 by reason of sufficient service for retirement. He was placed on the Retired List in the rank/grade of captain (CPT)/O-3 on 1 July 1995.
3. The applicants records also show he served in Korea from 24 April 1972 to 19 May 1973 and from 16 April 1988 to 26 May 1989.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
30 June 1995 does not show award of the Korea Defense Service Medal.
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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. It further states only one award of the Korea Defense Service Medal is authorized for any individual.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214. Each entry will be verified by the Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to retroactive award of the Korea Defense Service Medal for his service in Korea.
2. The evidence of record shows the applicant served in Korea from April 1972 to May 1973 and from April 1988 to May 1989. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one award of 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 to item 13 of his 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) AR20100009540
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ABCMR Record of Proceedings (cont) AR20100009540
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