IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002438
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 Combat Infantryman Badge (CIB) and the Korea Defense Service Medal (KDSM).
2. The applicant states he is qualified for award of the CIB for his service in the demilitarized zone (DMZ) in the Republic of Korea (ROK) during the period April 1980 to April 1981. The applicant further states the KDSM is omitted from his military service records.
3. The applicant provides no additional documentation in support of this case.
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. With respect to the applicants request for award of the CIB, effective
11 January 2007 the special requirements for award of the CIB for service in the ROK on the DMZ were rescinded. Army veterans and service members who served in the ROK on or after 28 July 1953 and believe they meet the criteria for award of the CIB may submit an application (to include supporting documentation) for award of the badge to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. As a result, this issue will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 22 January 1980. He successfully completed training and was awarded military occupational specialty 11B (Infantryman).
4. The applicant arrived in the ROK on 12 May 1980 and he was assigned to Company A, 1st Battalion, 9th Infantry, 2nd Infantry Division.
5. He departed the ROK on 12 May 1981. On 21 January 1983, he was honorably released from active duty after completing 3 years of total service.
6. His DD Form 214 does not show award of 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 ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant served during a qualifying period of service for award of the KDSM. 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:
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 adding to his DD Form 214 the KDSM.
_______ _ 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) AR20120002438
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ABCMR Record of Proceedings (cont) AR20120002438
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