IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019978
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 (Certificate of Release or Discharge from Active Duty) by adding the following awards:
* Korea Defense Service Medal (KDSM)
* Armed Forces Service Medal (AFSM)
2. He states these medals are not on his DD Form 214.
3. He provides a copy of his DD Form 214.
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. He enlisted in the Regular Army on 15 July 1981. He continued to serve on active duty through a series of reenlistments and obtained the rank of staff sergeant/E-6.
3. His record contains a DA Form 2-1 (Personnel Qualification Record Part II) which shows he served two tours of duty in the Republic of Korea:
* From 27 August 1986 through 24 July 1987
* From 7 November 1996 through 31 October 1997
4. A review of the applicant's records failed to yield any documents showing he deployed in support of a named military operation.
5. On 31 July 2001, he retired after completing over 20 years of honorable active federal service.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. 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.
b. The AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:
(1) Participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.
(2) Participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. His record shows he served on active duty in support of the defense of Korea during two periods for which the KDSM is authorized. As a result, he is authorized addition of this award to his DD Form 214.
2. His record is absent of evidence and he has not provided any evidence to show he served in support of an operation for which the AFSM is authorized. As such, he is not entitled to this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ 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 partial 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 further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the AFSM.
_______ _ _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) AR20110019978
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