IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100014829
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Korea Defense Service Medal and the National Defense Service Medal.
2. The applicant states that eligibility for the medals was established after his discharge.
3. The applicant provides a DD Form 214, a DA Form 20 (Enlisted Qualification Record), and a DA Form 24 (Service Record).
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 enlisted in the Regular Army on 10 October 1958 for a period of 3 years. Upon completion of initial entry training he was awarded military occupational specialty 765.10 (Signal Support and Parts Specialist).
3. Item 29 (Foreign Service) of his DA Form 20 shows he served in Korea from
6 July 1959 through 8 July 1960. Section 5 (Service Outside Continental United States) of his DA Form 24 also documents his service in Korea.
4. He was honorably released from active duty on 5 February 1962 by reason of expiration of term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year and 3 days of foreign service. Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded of Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Carbine Bar, Letter of Appreciation, Letter of Commendation, and the Army Good Conduct Medal (1st award).
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.
6. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the Korea Defense Service Medal and the National Defense Service Medal has been carefully reviewed and found to have merit.
2. His DA Form 20 and DA Form 24 show he served in Korea during a qualifying period for award of the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. He served on active duty from 10 October 1958 to 5 February 1962. Therefore, he also served a period of qualifying service for the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 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 26 of his DD Form 214 the National Defense Service Medal and 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) AR20100014829
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ABCMR Record of Proceedings (cont) AR20100014829
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