IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120009667
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 Korea Defense Service Medal (KDSM) for his service in the Republic of Korea. He also requests a new DD Form 214 to show this award.
2. The applicant states the KDSM was made retroactive to his time in service.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted into the Army of the United States on 31 January 1966. He completed training and he was awarded military occupational specialties 36K (Field Wireman) and 11E (Armor Crewman). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from 23 December 1966 to 22 January 1968.
4. On 23 January 1968, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 23 days of total active service, including
1 year, 1 month, and 1 day of foreign service. The DD Form 214 he was issued at the time does not show the Korea Defense Service Medal.
5. On 13 February 1990, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued that corrected his DD Form 214 to add the:
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal (Korea)
* Expert Marksmanship Qualification Badge with Pistol Bar
A copy of this DD Form 215 will be provided to the applicant with these Proceedings.
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003. It 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.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. Paragraph 2-7a states once a DD Form 214 has been issued, do not reissue except when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215, e.g., when two DD Forms 215 have been issued and an additional correction is required.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period of service in the Republic of Korea for entitlement to the Korea Defense Service Medal. Therefore, his
DD Form 214 should be corrected to show this award.
2. Regarding reissuing a new DD form 214 to show this award, by regulation a DD Form 214 will not be reissued unless it is determined that the original
DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215. His original DD Form 214 can be corrected by issuing another DD Form 215 that would not result in more than two DD Forms 215. Therefore, there is no basis for granting this portion of his request.
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 to his DD Form 214 the Korea Defense Service Medal.
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 issuing the applicant a new DD Form 214.
_______ _ 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) AR20080016060
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