IN THE CASE OF:
BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120012565
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM). She also requests her active duty medical records.
2. She states:
a. the KDSM was introduced after her expiration of term of service, but she only became aware of it last year.
b. she has sent documentation of proof of service including her DA Form 2-1 (Personnel Qualification Record - Part II), but she was still denied issuance of the medal.
c. she has a service-connected injury, but when she sought care, the Department of Veterans Affairs (VA) discovered that all her active duty medical records were lost.
d. the Pennsylvania (PA) VA only has her medical records for her service with the PA Army National Guard (ARNG), of which they supplied her copies.
e. she has been trying to get her active duty medical records for more than 7 years. She needs her disability rating and proof of injury which is in the medical records.
3. She provides her DD Form 214 and DA Form 2-1.
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's request for her active duty medical documents is acknowledged. However, her military personnel records do not include her active duty medical documents. She may submit a request to the National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, but it appears that if the VA lost her active duty medical records they may not be available. Therefore, this portion of her request will no longer be discussed in this Record of Proceedings.
3. The applicant's military records are not available to the Board. However, there were sufficient documents in her service personnel record for the Board to conduct a fair and impartial review of this case.
4. The applicant enlisted in the Regular Army on 25 June 1980.
5. Her DA Form 2-1 shows in:
* item 5 (Oversea Service), she served in Korea from 18 January 1981 to 13 January 1982
* item 9 (Awards, Decorations and Campaigns), no entry for award of the KDSM
6. She was released from active duty on 24 June 1984 at her expiration term of service. On the following day, she was transferred to the U.S. Army Reserve Control Group (Reinforcement).
7. Her DD Form 214 shows she was awarded or authorized the:
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
8. She later served in the PAARNG from 16 July 1984 to 19 January 1990.
9. 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:
The evidence of record shows the applicant served in Korea from 18 January 1981 to 13 January 1982. Therefore, she served a period of qualifying service for award of the KDSM and correction of her DD Form 214 to show this medal.
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 her DD Form 214 to show award of the KDSM.
_______ _ __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) AR20120012565
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ABCMR Record of Proceedings (cont) AR20120012565
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