BOARD DATE: 23 April 2013
DOCKET NUMBER: AR20120017454
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).
2. The applicant states the KSM is not listed on his DD Form 214.
3. The applicant provides no additional documentation.
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 enlisted in the Regular Army (RA) on 24 October 1979. He successfully completed training and was awarded military occupational specialty 95B (Military Police).
3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea (ROK) from
28 October 1986 to 27 October 1987.
4. On 16 March 1988, he was honorably discharged from active duty by reason of reduction in authorized strength.
5. The applicant's DD Form 214 for the period ending 16 March 1988 does not show award of the KSM.
6. After a break in service, the applicant enlisted in the RA on 31 January 1989. Item 5 of his DA Form 2-1 shows he served in the ROK from 29 March 1994 to 28 March 1995 and from 11 July 1998 to 30 September 2000.
7. On 30 September 2000, he retired.
8. The applicant's DD Form 214 for the period ending 30 September 2000 does not show award of the KSM.
9. 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.
10. Army Regulation 600-8-22 states that 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 ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Only one award of the KDSM is authorized for any individual.
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 three periods of service in the ROK qualifying for award of the KDSM. Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 2000 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 Korea Defense Service Medal to his DD Form 214 for the period ending 30 September 2000.
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 portions to the Korean 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) AR20120017454
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120017454
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000810
His DD Form 214 for this period of service shows his awards as: * Army Commendation Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Air Assault Badge * U.S. Army Lapel Button 9. The evidence of record shows the applicant served in the ROK from December 1988 to November 1989. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to the applicant's...
ARMY | BCMR | CY2014 | 20140011210
The applicant's complete military records are not available for review. Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the UN during the period between 27 June 1950 and 27 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st...
ARMY | BCMR | CY2015 | 20150004100
The applicant requests correction of his two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to: a. show award of the: * National Defense Service Medal (NDSM) * Korea Defense Service Medal (KDSM) * Armed Forces Expeditionary Medal (AFEM) for Korea * Basic Missilemans Badge b. remove the Korean Service Medal (KSM). The NDSM is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974. c. The AFEM is authorized for...
ARMY | BCMR | CY2014 | 20140018179
His DD Form 214 does not show he was awarded a service medal based on his service in Korea. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards states that the Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. His records show he served in Korea for approximately one year during the period of eligibility for the KDSM.
ARMY | BCMR | CY2013 | 20130004874
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his military service records to show his correct date of birth (DOB) and award of the Korea Defense Service Medal (KDSM). The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was inducted and entered active duty on 25 May 1953.
ARMY | BCMR | CY2006 | 20060008649C071029
The applicant requests that the record and separation document (DD Form 214) of her deceased husband, a former service member (FSM), be corrected to add the Korean Campaign Ribbon, now known as the Korean Service Medal (KSM), with 3 bronze service stars, American Theater Service Medal, now known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World War II Victory Medal. Army Regulation 600-8-22...
ARMY | BCMR | CY2013 | 20130001022
The applicant states, in effect, a. he left the Army before receiving all of his earned awards; b. he has a certificate for the Army Commendation Medal (ARCOM); and c. he believes he was awarded the Kuwait Liberation Medal (KLM), Korean Service Medal (KSM), Combat Action Badge (CAB), and additional individual and unit awards. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. b. Paragraph 5-8 provides for award of the KSM and it states that the KSM is awarded...
ARMY | BCMR | CY2013 | 20130012415
Therefore, he was entitled to correction of his DD Form 214 to show one silver service star for wear with his previously-awarded EAME Campaign Medal. Therefore, he was entitled to correction of his DD Form 214 to show one silver service star for wear with his previously-awarded KSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from the FSM's DD Form 214 for the period ending 31 January 1969 the EAME...
ARMY | BCMR | CY2015 | 20150003452
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 23 June 1966 to show: * His unit as TOPO vice TOPI * Vietnam Service Medal (VSM) with three bronze service stars * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Korean Service Medal (KSM) * Marksman Marksmanship Qualification Badge with Rifle Bar * Two Overseas Service Bars 2. It states a bar is authorized for wear for each period...
ARMY | BCMR | CY2006 | 20060006693C070205
The applicant requests, in effect, that he be awarded the Korea Defense Service Medal (KDSM), the Republic of Korea Presidential Unit Citation (ROKPUC), the Combat Service Commemorative Ribbon, the Combat Infantryman Badge (CIB), the Senior Parachutist Badge and the Glider Badge and that his records be corrected to reflect those awards. The applicant’s military records are not available to the Board for review. The applicant was honorably discharged on 29 August 1952 and has had no further...