IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015185
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 he be awarded the Korea Defense Service Medal (KDSM).
2. The applicant states that he served two tours in Korea and desires to be awarded the KDSM at this time.
3. The applicant provides no additional documents at this time.
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 17 January 1975.
3. He completed his one-station unit training as a light weapons infantryman at Fort Polk, Louisiana and his airborne training at Fort Benning, Georgia before being transferred to Fort Lewis, Washington.
4. He remained on active duty through a series of continuous reenlistments, served two tours in Korea from 28 January 1977 14 June 1979 and 4 June 1982 7 November 1984 and he was promoted to the pay grade of E-7 on 1 June 1986.
5. On 30 June 1995, he was retired and transferred to the Retired list effective
1 July 1995.
6. His DD Form 214 issued at the time of his retirement does not show the KDSM.
7. 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:
1. The applicants contention that he is entitled to award of the KDSM has been noted and found to have merit. The applicant served two tours in Korea that qualifies him for award of the KDSM.
2. Therefore, his DD Form 214 should be corrected to show this award.
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 adding the KDSM to his DD Form 214.
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) AR20110015185
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ABCMR Record of Proceedings (cont) AR20110015185
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