BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003088
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) and that it be added to his DD Form 214.
2. The applicant states, in effect, that he served in Korea from June 1995 to June 1996 and he is entitled to award of the KDSM for his service.
3. The applicant provides copies of orders assigning him to Korea, a Standard Form (SF) 813 (Verification of a Military Retirees Service), his DD Forms 214 (Certificate of Release or Discharge from Active Duty), and a page from his DA Form 2-1 (Personnel Qualification Record - Part II).
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. On 17 July 1979, the applicant enlisted in the Regular Army (RA) and served until he was honorably discharged, on 28 March 1985, due to expiration term of service, in pay grade E-5.
3. On 20 June 1989, he again enlisted in the RA and served as a combat engineer through a series of continuous reenlistments. He served in Korea from 27 June 1995 to 26 June 1996 and was promoted to pay grade E-6 on 1 October 1996.
4. On 31 December 2003, he was retired and transferred to the Retired List effective 1 January 2004 due to sufficient service for retirement. He had served 20 years, 2 months, and 22 days of active service and the DD Form 214 he was issued at the time of retirement does not reflect award of the KDSM.
5. 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 contention that he is entitled to award of the KDSM has been noted and found to have merit. The applicant served a 1-year tour in Korea from 1995 to 1996 and thus is entitled to that award.
2. Accordingly, the KDSM should be added to his DD Form 214.
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 dated 31 December 2003.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War 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.
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