IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110003170
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the National Defense Service Medal (NDSM) and the Korea Defense Service Medal (KDSM).
2. The applicant states these awards were left off his DD Form 214 and he thought the Army would make the changes.
3. The applicant provides:
* his DD Form 214
* two National Personnel Records Center (NPRC) letters
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 requested that the NDSM be added to his DD Form 214. On
13 January 2010, a DD Form 215 (Correction to DD Form 214) was issued adding the NDSM to item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. A copy of this DD Form 215 will be forwarded to the applicant with a copy of these Proceedings. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 20 August 1959 for a period of 3 years. He was trained in and awarded military occupational specialty 531.10 (Decontamination Specialist).
4. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he departed the United States on 31 October 1960 en route to Okinawa. He arrived in Okinawa on 2 November 1960 and he served until his departure on 28 July 1962. He arrived back to the United States on
16 August 1962. Section 9 (Medals, Decorations, and Citations) shows the:
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Letter of Appreciation
5. On 16 August 1962, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued at that time shows he completed 2 years, 11 months, and 27 days of total active service, including 1 year, 9 months, and 16 days of foreign service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the KDSM.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the KDSM. It states it is authorized 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 from 28 July 1954 to a
date to be determined. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the Korea Defense Service Medal should be added to his DD Form 214.
2. The evidence of record is void of any orders or other documents and he did not provide any corroborating evidence that shows he served in Korea during his tenure on active duty. As a result, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20110003170
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ABCMR Record of Proceedings (cont) AR20110003170
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