IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100022273
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 award of the Korea War Service Medal [it appears he meant to request award of the Korea Defense Service Medal (KDSM)].
2. The applicant states the award was issued after his retirement.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and an Army Commendation Medal (ARCOM) Certificate in support of this 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 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 27 January 1982 and upon completion of initial entry training was awarded military occupational specialty 76V (Materiel Storage And Handling Specialist).
3. His Official Military Personnel File contains Noncommissioned Officer (NCO) Evaluation Reports covering the period January through December 2000 that show he served as a platoon sergeant for the 305th Quartermaster Company located in the Republic of Korea.
4. On 31 January 2002, he was retired and placed on the retired list the following day. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the KDSM.
5. Army Regulation 600-8-22 (Military Awards) states the KDSM 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 Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the KDSM has been carefully reviewed.
2. He served in the Republic Korea during the period January through December 2000 as evidenced by the NCO Evaluation Reports. Therefore, he is entitled to award of the KDSM and 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 amending his DD Form 214 by adding in item 13 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) AR20100022273
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ABCMR Record of Proceedings (cont) AR20100022273
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