IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012667
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to document his service in Korea.
2. The applicant states his service in Korea is not documented on his DD Form 214. He claims he needs proof of his service in Korea in order to show the Veterans of Foreign Wars (VFW).
3. The applicant provides no documentary evidence 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 4 February 1981. He was trained in and awarded military occupational specialty (MOS) 73C (Finance Specialist).
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows, in
item 5 (Overseas Service), that he served in the following overseas areas for the periods indicated:
* Alaska, 4 October 1982-31 October 1984
* Korea, 8 March 1986-12 May 1987
4. On 23 June 1987, the applicant was honorably discharged, in the rank of specialist four/E-4, after completing 6 years, 4 months, and 20 days of active military service. The DD Form 214 he was issued shows, in item 12f (Foreign Service), that he completed 3 years, 3 months, and 1 day of overseas service.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on award of the Korea Defense Service Medal (KDSM). It states, in part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea during the period 28 July 1954 to a date to be determined by the the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to specify service in Korea has been carefully considered and found to have merit.
2. Since the KDSM for qualifying Korea service was authorized for addition to the DD Form 214 subsequent to the applicants separation, 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 to add 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) AR20120012667
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ABCMR Record of Proceedings (cont) AR20120012667
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