IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20110001630
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 her records to show her service in Korea as wartime status, a leave adjustment, and awards.
2. The applicant states one award is missing and her leave needs to be adjusted.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 requests correction of her records to show her service in Korea as wartime status and an adjustment to her leave; however, she did not address the specific errors or corrections she is requesting. Therefore, these issues are unclear and as a result they will not be discussed further in this Record of Proceedings. She has been advised by separate correspondence of the disposition of these portions of her request.
3. The applicant enlisted in the Regular Army on 23 September 1998. Upon completion of initial entry training she was awarded military occupational specialty 73C (Finance Specialist).
4. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record) shows she served in Korea from 3 March 1999 to 2 March 2000.
5. She was released from active duty on 10 January 2001 after completing 2 years, 3 months, and 18 days of active duty service. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, and Army Lapel Button.
6. Army Regulation 600-8-22 (Military Awards) 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:
She served a period of qualifying service for award of the Korea Defense Service Medal. Therefore, she is entitled to correction of her 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 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 Korea Defense Service Medal to item 13 of her 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) AR20110001630
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ABCMR Record of Proceedings (cont) AR20110001630
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