IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120012598
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 Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Korea from 1995 to 1996.
3. The applicant refers to his DA Form 2-1 (Personnel Qualification Record) in support of his request.
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 record shows the applicant enlisted in the Regular Army on 23 March 1995. He was trained in and awarded military occupational specialty (MOS) 67U (CH-47 Helicopter Repairer). He was advanced to specialist (SPC)/E-4 on 1 May 1998, and this is the highest rank he held on active duty.
3. The applicant's DA Form 2-1 shows he served in Korea from 28 October 1995 to 27 October 1996 in item 5 (Overseas Service).
4. On 13 January 1999, the applicant was discharged, in the rank of private/E-1, with a general discharge, which was upgraded to an honorable discharge by the Army Discharge Review Board on 6 June 2001. The DD Form 214 he was re-issued does not include the KDSM.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on the KDSM which was authorized in the National Defense Authorization Act of 2003. It states it is awarded to members who completed 30 consecutive days or 60 non-consecutive days of service in Korea between 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicants request to add the KDSM to his DD Form 214 has been carefully considered and was found to have merit. The evidence of record confirms the applicant served in Korea from 28 October 1995 to 27 October 1996; therefore, he is eligible for the KDSM. As a result, it would be appropriate to add this award to his DD Form 214.
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 by adding 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) AR20120012598
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