IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110010289
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 award of the Korea Defense Service Medal (KDSM) and Global War on Terrorism Service Medal (GWOTSM).
2. He states the KDSM and GWOTSM were not available when he retired in 2001, but he has since discovered he qualifies for the awards.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a table showing the inclusive dates of eligibility for the KDSM, and the criteria for the GWOTSM.
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. On 12 January 2011, the Chief, Case Management Division, Army Review Boards Agency, attempted to notify the applicant that his records had been corrected to show the GWOTSM in accordance with the findings of the ABCMR in Docket Number AR20100008428 on 31 August 2010 and that issuance of the GWOTSM had been requested. The notification letter provided instructions for what to do in the event he did not receive the award from the issuing agency. The letter and attached documents were returned as undeliverable. During the processing of his current application, these documents were mailed to the applicant at the address he provided on his current application. A copy of the cover letter is attached to these proceedings. The portion of his request pertaining to the GWOTSM will not be discussed further in this Record of Proceedings.
3. Following a period of enlisted service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 7 January 1987. He retired on 31 December 2001 after completing 20 years and 24 days of active military service.
4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 6 February through 28 December 1997 and was credited with normal tour completion.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 19 January 2011, does not show the KDSM.
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.
DISCUSSION AND CONCLUSIONS:
The applicant was credited with completion of a normal tour of duty in Korea. Based on this service, he is entitled to correction of his DD Form 214 to show the KDSM.
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 issuing a DD Form 215 adding the KDSM to item 13 of 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) AR20110010289
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ABCMR Record of Proceedings (cont) AR20110010289
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