BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110013435
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 addition of this award to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states he served 30 consecutive days of temporary duty (TDY) in Korea and his service records reflect this service.
3. He provides:
* An extract of his military personnel records
* A letter from the National Personnel Records Center (NPRC)
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. His records show he enlisted in the Regular Army on 8 October 1971. After completion of training, he served in military occupational specialty 05C (Radio Teletype Operator).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Okinawa, Japan, from 17 June 1972 through 26 September 1973.
4. Item 38 (Record of Assignments) of his DA Form 20 does not show he served in Korea.
5. On 27 September 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation. He completed a total of 1 year,
11 months, and 17 days of net service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the KDSM and item 30 (Remarks) contains the entry Korea: No.
6. A letter from the NPRC, dated 1 March 2010, specifically states, Proof of service in Korea is not a matter of record.
7. A review of his records does not include any documentation which shows he served a period of TDY in Korea at any time during his military career.
8. 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 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. The applicants request to be awarded the KDSM and to add this award to his DD Form 214 was carefully considered.
2. He has not provided sufficient evidence such as TDY orders, and his record is also absent of evidence, which shows he served in Korea.
3. In view of the foregoing, he is not entitled to the 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) AR20110013435
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ABCMR Record of Proceedings (cont) AR20110013435
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