IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120009653
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Korea Defense Service Medal.
2. The applicant states, in effect:
* the Korea Defense Service Medal was issued after his service on the Korea Peninsula
* the award was not recorded on his DD Form 214
* in order to receive certain state benefits he must have official evidence of earning the Korea Defense Service Medal or its equivalent showing on his DD Form 214
3. The applicant provides no additional evidence.
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 22 January 1985, the applicant enlisted in the Regular Army for 3 years. He completed training as a medical specialist. He arrived in Korea on 15 December 1986 and was assigned to Headquarters and Headquarters Troop, 4th Squadron, 7th Cavalry, 2nd Infantry Division.
3. The applicant departed Korea en-route to the United States on 19 January 1988. He was released from active duty on 21 January 1988. He was transferred to the 332nd Medical Company (Armored Cavalry Regiment), St. Louis, Missouri.
4. His DD Form 214 shows the following awards:
* Army Achievement Medal
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 applicant's contentions have been noted.
2. The evidence of record shows that he served in Korea from 15 December 1986 through 19 January 1988. According to the applicable regulation, he is authorized the Korea Defense Service Medal and his DD Form 214 should be amended 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 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 amending his DD Form 214, dated 21 January 1988, to add the Korea Defense Service Medal.
_______ _ __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) AR20120009653
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ABCMR Record of Proceedings (cont) AR20120009653
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