IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012930
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korean Service Medal (KSM); however, it appears he intended to request award of the Korea Defense Service Medal (KDSM), which is commonly confused with the KSM.
2. He states the KSM was omitted from his DD Form 214.
3. He provides his DD Form 214 for the period ending 26 January 1970.
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. On 6 May 1966, the applicant enlisted in the Regular Army. On 10 April 1967, he reenlisted. He was trained in and awarded military occupational specialty 16D (Hawk Missile Crewman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 4 April 1969 to 26 January 1970.
4. On 26 January 1970, he was honorably released from active duty after completing 3 years, 8 months and 21 days of total active service. The DD Form 214 issued at that time shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge (M-14)
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
5. Army Regulation 600-8-22 (Military Awards) states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
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:
1. The evidence of record does not support the applicant's request for award of the KSM; however, it does support award of the KDSM.
2. The applicant enlisted well after the end of the period of eligibility for the KSM. He is not entitled to that award.
3. The applicant's record shows he completed a period of service in Korea qualifying for award of the KDSM. Therefore, he is entitled to correction of his DD Form 214 for the period ending 26 January 1970 to show this award.
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 the KDSM to his DD Form 214 for the period ending 26 January 1970.
2. The Board further determined that the evidence presented was 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 the KSM.
_______ _ 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.
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