IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100023191
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 his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Korea Defense Service Medal (KDSM) and all awards and decorations he is authorized.
2. The applicant states his record should include the KDSM and all awards he is eligible for.
3. The applicant provides no documentary evidence in support of his 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 applicants record shows he served on active duty in the Regular Army from 13 June 1958 through 10 May 1961; and again as a member of the Enlisted Reserve from 16 October 1961 through 6 August 1962.
3. The applicants DA Forms 24 (Service Records) for his two separate periods of active duty service show he attained the grade of specialist four (SP4)/E-4 on 13 November 1959, and this is the highest rank he attained during his military service. The record also confirms he served in Korea, with the 97th Engineer Company, from 6 December 1958 through 3 December 1959.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Forms 214 issued to the applicant upon his release from active duty on 10 May 1961 and on 6 August 1962 show he earned the following awards:
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
5. Army Regulation 600-8-22 (Military Awards) prescribes the Armys awards policy. Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM). It states it is authorized for any period of active service performed between 1 January 1961 and 14 August 1974, both dates inclusive.
6. Paragraph 2-20 of the awards regulation contains guidance on the KDSM. It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea performed between 28 July 1954 and a future date to be determined by the Secretary of Defense.
7. Army Regulation 635-5 (Separation Documents) prescribes the documents to be issued to Soldiers upon release from active duty. It also establishes the policy for the preparation and distribution of the DD Form 214. The version of the regulation in effect at the time of the applicants service provided for listing only awards earned during the period of service covered on the DD Form 214. Under the current version of the regulation, all awards earned during military service are listed on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the KDSM and all authorized awards should be added to his record and DD Forms 214 has been carefully considered and found to have merit.
2. By regulation, the NDSM is authorized for any period of active duty service performed between 1 January 1961 and 14 August 1974, both dates inclusive. The KDSM is authorized for 30 consecutive or 60 non-consecutive days of service in Korea performed between 28 July 1954 and a future date to be determined by the Secretary of Defense. The evidence of record confirms the applicant was serving on active duty on 1 January 1961, and that he served in Korea from 6 December 1958 through 3 December 1959. As a result, he is eligible for the NDSM and KDSM. Therefore, it would be appropriate to add these awards to his record and his DD Forms 214.
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 item 26 of his 10 May 1961 and 6 August 1962 DD Forms 214 by adding the National Defense Service Medal and 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) AR20100023191
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ABCMR Record of Proceedings (cont) AR20100023191
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