IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110005477
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 that his records be corrected to reflect the appropriate service medals for his service in Korea from 1958 to 1959.
2. The applicant states that while his service records show his service in Korea from December 1958 to December 1959, it shows no service ribbons for that time.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).
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 enlisted in the Regular Army on 13 March 1952. He remained on active duty through a series of continuous reenlistments and he served in Korea from 11 December 1958 through 26 December 1959.
3. On 31 January 1973 he was retired and was transferred to the Retired List in the pay grade of E-8.
4. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal was created in 2002 and is authorized for award 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant served in Korea from 1958 to 1959, there was no authorized service medal for service in Korea. Additionally, there was no service medal for that service at the time of his retirement.
2. However, subsequent to his retirement, the KDSM was created and the applicant meets the criteria for that award. Accordingly, he should be issued the KDSM at this time and it 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:
1. 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 issuing him the KDSM and adding it to his DD Form 214 dated 31 January 1973.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110005477
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ABCMR Record of Proceedings (cont) AR20110005477
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