IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120010021
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 the National Defense Service Medal (NDSM) and Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the required amount of active duty and foreign service have been met for both medals.
3. The applicant provides:
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Eligibility criteria for both medals
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 19 April 1962. He was honorably discharged on 28 June 1962 for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 29 June 1962 for a period of
3 years. He completed his training and was awarded military occupational specialty 351.10 (power generator specialist). He was released from active duty on 12 June 1965 and transferred to the U.S. Army Reserve (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 does not show the NDSM or KDSM as authorized awards.
4. Item 29 (Foreign Service) of his DA Form 20 shows he served in Korea from 31 October 1962 through 1 December 1963.
5. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
6. Army Regulation 600-8-22 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:
The applicant served a period of qualifying service for award of the NDSM and KDSM. His DD Form 214 should be corrected to show these medals.
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 adding the NDSM and KDSM to his DD Form 214 for the period ending 12 June 1965.
_______ _ _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) AR20120010021
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ABCMR Record of Proceedings (cont) AR20120010021
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