BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026355
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 awards of the National Defense Service Medal and the Korea Defense Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he is entitled to these service medals.
3. The applicant provides a 9 November 2009 letter from the National Personnel Records Center.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 8 August 1960 through 21 May 1963.
3. The applicant's DA Form 24 (Service Record) shows:
a. He received basic training at Fort Knox, KY. Following basic training he was transferred to the 18th Artillery Group, Pittsburgh, PA, and further assigned to Battery B, 3rd Missile Battalion, 1st Artillery, Irwin, PA. In the summer of 1962, he received transfer orders to Korea.
b. The applicant served in Korea from on or about 12 July 1962 to on or about 4 May 1963 with the 38th Ordnance Company (Direct Support).
c. The applicant requested an early release from active duty in order to attend college. He departed Korea and returned to the United States on or about 20 May 1963. He was honorably separated at the U.S. Army Personnel Center, Oakland Army Base, CA, on 21 May 1963.
4. Army Regulation 600-8-22 (Military Awards) 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.
5. 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 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 requests the National Defense Service Medal and Korea Defense Service Medal be added to his DD Form 214.
2. Army Regulation 600-8-22 provides for the applicant's entitlement to the National Defense Service Medal and Korea Defense Service Medal. Therefore, they should be added to his DD Form 214.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the National Defense Service Medal and Korea Defense Service Medal to his DD Form 214.
__________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) AR20100026355
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ABCMR Record of Proceedings (cont) AR20100026355
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