BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20100026050
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1995 to show entitlement to the Korea Defense Service Medal (KDSM) and the Humanitarian Service Medal (HSM).
2. The applicant states:
* the Korea Defense Service Medal did not exist prior to his retirement
* he received the HSM after he retired
3. The applicant provides:
* his DD Forms 214 for the periods ending 29 June 1978, 14 July 1985, and 31 December 1995
* his Enlisted Evaluation Report (EER) for the period June 1986 through October 1986
* a memorandum, subject: Approved HSM for Allakaket, Alaska Flood Relief Operation, dated 24 October 1995
* a memorandum, subject: EER Appeal, dated 7 December 1988
* a DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes), dated 21 December 1986
* EER for the period October 1977 through October 1978
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. Having prior active service in the Regular Army (RA) and the U.S. Coast Guard, the applicant enlisted in the RA on 15 July 1985. He remained on active duty through continuous reenlistments until he retired by reason of sufficient service for retirement on 31 December 1995 in the rank/grade of sergeant first class (SFC)/E-7.
3. Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 December 1995 does not show the KDSM or HSM.
4. His EER for the period June 1986 through October 1986 shows he was assigned to a unit at Camp Humphreys, Korea.
5. He provided a memorandum issued by Headquarters, U.S. Army, Pacific, Fort Shafter, HI, dated 24 October 1995, which shows the Secretary of the Army approved the HSM for those individuals participating in the Allakaket, Alaska Flood Relief Operation from 28-29 August 1994. The memorandum contains a list of Soldiers who directly participated in the relief operations, including the applicant's name. The memorandum further states permanent orders will not be published on listed individuals. Retain the enclosed correspondence as authorization for subject award.
6. 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 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.
7. Army Regulation 600-8-22 states the HSM is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to the KDSM for his service in Korea and the HSM for his participation in the Allakaket, Alaska Flood Relief Operation. These medals were authorized or awarded after his retirement on 31 December 1995.
2. The applicant served a period of qualifying service for the KDSM. Therefore, his DD Form 214 for the period ending 31 December 1995 should be corrected to show this award.
3. The memorandum provided by the applicant which shows he directly participated in the Allakaket, Alaska Flood Relief Operation during the period
28-29 August 1994 for entitlement to the HSM is accepted as sufficient evidence in which to add this award to his DD Form 214 for the period ending
31 December 1995.
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 13 of his DD Form 214 for the period ending 31 December 1995 the Korea Defense Service Medal and the Humanitarian 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) AR20100026050
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ABCMR Record of Proceedings (cont) AR20100026050
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