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ARMY | BCMR | CY2012 | 20120017454
Original file (20120017454.txt) Auto-classification: Approved

	
		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 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 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





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ABCMR Record of Proceedings (cont)                                         AR20120017454



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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