BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100018904
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) with an effective date of
22 November 1964 to show the National Defense Service Medal and the Korea Defense Service Medal.
2. The applicant states he believes he is entitled to the National Defense Service Medal and also authorized the Korea Defense Service Medal.
3. The applicant provides a copy of his DD Form 214.
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 was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 2 June 1962. He was ordered to active duty on
23 November 1962.
3. The applicant was assigned to the 12th Cavalry in the Republic of Korea from 12 March 1963 to 19 March 1964.
4. On 22 November 1964, the applicant was honorably released from active duty and he was reverted to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years of total active service.
Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) his DD Form 214 does not show the National Defense Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
1 January 1961 and 14 August 1974.
6. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the National Defense Service Medal and the Korea Defense Service Medal should be added to his DD Form 214.
2. He had honorable service during the period 1 January 1961 and 14 August 1974. Therefore, he is authorized the National Defense Service Medal.
3. He served in the Republic of Korea during the period 12 March 1963 through 19 March 1964. Therefore, he is authorized 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 26 of his DD Form 214 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) AR20100018904
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ABCMR Record of Proceedings (cont) AR20100018904
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