Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120009667
Original file (20120009667.txt) Auto-classification: Approved

		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 applicant’s 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009667



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2007 | 20070011176

    Original file (20070011176.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070011176 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's military records are not available for review. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have...

  • ARMY | BCMR | CY2011 | 20110024524

    Original file (20110024524.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he served in the Republic of Vietnam (RVN). Records show the applicant completed four tours of foreign service in Korea and Germany during his military service, which entitles him to award of the OSR with Numeral 4.

  • ARMY | BCMR | CY2013 | 20130011916

    Original file (20130011916.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests issuance of a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM). 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...

  • ARMY | BCMR | CY2009 | 20090004363

    Original file (20090004363.txt) Auto-classification: Approved

    Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. The applicant served a period of qualifying service for two awards of the National Defense Service Medal. Since the governing regulation in effect at the time of the applicant's...

  • ARMY | BCMR | CY2011 | 20110010289

    Original file (20110010289.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Korea Defense Service Medal (KDSM) and Global War on Terrorism Service Medal (GWOTSM). ____________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.

  • ARMY | BCMR | CY2013 | 20130014465

    Original file (20130014465.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his: * Certification of Military Service (National Archives (NA) Form 13038) to show his place of birth is "Sayre, OK" * DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he is authorized the Korea Defense Service Medal (KDSM) * issuance of a DD Form 215 (Correction to DD Form 214) to show the above correction 2. Based on his...

  • ARMY | BCMR | CY2013 | 20130017468

    Original file (20130017468.txt) Auto-classification: Approved

    BOARD DATE: 27 May 2014 DOCKET NUMBER: AR20130017468 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DD Form 214 (Certificate of Release or Discharge from Active Duty) is incomplete without the KDSM. 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.

  • ARMY | BCMR | CY2010 | 20100021779

    Original file (20100021779.txt) Auto-classification: Approved

    The applicant provides these documents in support of his application: * DD Form 214 with a separation date of 31 October 2003 * Electronic message, dated 9 February 2004, subject: Korea Defense Service Medal (KDSM) Implementing Instructions * Application to the NPRC for KDSM * Officer Record Brief, dated 8 November 2003 CONSIDERATION OF EVIDENCE: 1. DISCUSSION AND CONCLUSIONS: As the KDSM was authorized after the applicant's retirement and is retroactive, he is entitled to a correction of...

  • ARMY | BCMR | CY2012 | 20120004776

    Original file (20120004776.txt) Auto-classification: Approved

    The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * "Korea Service Medal" (i.e. the Korea Defense Service Medal (KDSM)) * Humanitarian Service Medal (HSM) * United Nations Medal (UNM) 2. 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. As a result, the...

  • ARMY | BCMR | CY2009 | 20090013231

    Original file (20090013231.txt) Auto-classification: Approved

    The applicant provides a copy of his DD Form 214 for the period ending 31 October 2002; a DA Form 638 (Recommendation for Award) for the MSM, dated 7 September 2002; a Memorandum for Record, subject: Award Army Reserve Component Overseas Training Ribbon, dated 26 June 2006; a Certificate of Appreciation, dated 20 June 2000; and his DA Form 2-1 (Personnel Qualification Record – Part II) in support of his application. The applicant applied to this Board in 11 April 2004 wherein he requested...