IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110020891
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 the Korean Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 December 1973.
2. The applicant states the medal is missing from his DD Form 214.
3. The applicant provides 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 29 December 1953. He served in Germany, Korea, Okinawa, Italy, and Vietnam. He remained on active duty through continuous reenlistments until he retired on 31 December 1973 in the rank of specialist six.
3. His DD Forms 214 do not show the Korean Service Medal as an authorized award.
4. Item 31 (Foreign Service) of his DA Form 20 shows he served in Korea from:
* 23 November 1959 to 18 December 1960
* 3 August 1963 to 11 December 1963
* 8 August 1970 to 23 June 1971
5. There is no evidence of record which shows he served in Korea during the period 27 June 1950 to 27 July 1954.
6. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
7. Army Regulation 600-8-22 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. No evidence shows the applicant served in Korea during the period 27 June 1950 to 27 July 1954.
2. Evidence shows he served in Korea on three separate occasions during the periods 1959/1960, 1963, and 1970/1971.
3. There is no evidence of record and the applicant has provided no evidence which shows he served a period of qualifying service in Korea for award of the Korean Service Medal. Regrettably, there is insufficient evidence on which to base adding the Korean Service Medal to his DD Form 214 for the period ending 31 December 1973.
4. However, he served a period of qualifying service for award of the KDSM. His DD Form 214 for the period ending 31 December 1973 should be corrected to show this medal.
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 for the period ending 31 December 1973.
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 adding the Korean Service Medal to his DD Form 214 for the period ending 31 December 1973.
__________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) AR20110020891
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ABCMR Record of Proceedings (cont) AR20110020891
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