IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100011546
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 Korean Service Medal. [It is believed the applicant meant to request correction to show award of the Korea Defense Service Medal.]
2. The applicant states she served three tours of duty in the Republic of Korea from October 1977 to December 1978, March 1980 to February 1981, and May 1984 to May 1986.
3. The applicant provides copies of her DD Form 214 and DA Form 2-1 (Personnel Qualification Record - Part II) in support of her application.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 26 July 1974, the applicant enlisted in the Regular Army. She completed her initial training and was awarded military occupational specialty 75E (Personnel Actions Specialist). She served on active duty through a series of reenlistments performing duty both overseas and in the United States.
3. Item 5 (Oversea Service) of her DA Form 2-1 shows she completed three tours of duty in the Republic of Korea between 28 October 1977 and 31 May 1986.
4. On 31 July 1994, the applicant retired for length of service. She had attained the rank of master sergeant/pay grade E-8 and had completed 20 years and 5 days of creditable active duty service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of either the Korean Service Medal or the Korea Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
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 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. Only one award of this medal is authorized for any individual.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of her DD Form 214 to show award of the Korean Service Medal.
2. The evidence clearly shows the applicant did not serve during a qualifying period for award of the Korean Service Medal. However, she did serve during a qualifying period for award of the Korea Defense Service Medal.
3. In view of the above, the applicant's DD Form 214 should be corrected to show 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 the evidence presented is 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 item 13 of her DD Form 214.
__________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) AR20100011546
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ABCMR Record of Proceedings (cont) AR20100011546
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