IN THE CASE OF:
BOARD DATE: 25 April 2013
DOCKET NUMBER: AR20120018503
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 show award of the Korea Defense Service Medal (KDSM).
2. He states he served in Korea from January 1995 to January 1996.
3. He provides his DD Form 214.
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's records show he enlisted in the Regular Army on 22 October 1993 and served until he was discharged under honorable conditions on 9 April 1999.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Korea from 24 January 1995 to 23 January 1996.
4. His DD Form 214 does not show award of the KDSM. Item 12f (Foreign Service) of this same form credits him with 1 year of foreign service.
5. Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicant served in Korea from 24 January 1995 to 23 January 1996. Therefore, he is entitled to award of the KDSM and correction of his DD Form 214 to show this award.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the KDSM to his DD Form 214.
___________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) AR20120018503
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120018503
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100028849
The applicant requests to be awarded the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the AGCM and Korea Defense Service Medal (KDSM). The evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2007 | 20070016112
Item 13 of his DD Form 214 for the period ending on 25 December 2005 shows all his authorized awards except the KDSM and OSR (2d Award). Item 14 of the applicant's DD Form 214 for the period ending 31 May 1997 shows the applicant already received credit for all his military training for that period; therefore it is correctly recorded. Therefore, Item 12f of the DD Form 214 is correctly recorded.
ARMY | BCMR | CY2010 | 20100019262
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Saudi Arabia and award of the Armed Forces Expeditionary Medal (AFEM). It 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing...
ARMY | BCMR | CY2009 | 20090019433
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. Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of...
ARMY | BCMR | CY2007 | 20070007527
The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 28 July 1996, shows the applicant completed a foreign service tour totaling 11 months and 29 days. The applicant's Official Military Personnel File and his personal supporting documents show the applicant served in the defense of the Republic of Korea during this period. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080006757
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Korea Defense Service Medal (KDSM) (2nd award), and the Global War on Terrorism Service Medal (GWOTSM). Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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. ...
ARMY | BCMR | CY2008 | 20080005642
The evidence of record shows the applicant completed a foreign service tour in Korea from 2 March 1996 to 28 February 1997; therefore, she served a qualifying period for award of the Overseas Service Ribbon the Korea Defense Service Medal, and she is entitled to correction of her DD Form 214 to show these awards. The evidence of record confirms that the applicant served honorably during the period 1 September 1995 to 31 August 1998; she attained the rank/grade of CPL/E-4; and completed an...
ARMY | BCMR | CY2012 | 20120010755
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the: * Korea Defense Service Medal (KDSM) * Iraq Campaign Medal (ICM) * Global War on Terrorism Service Medal (GWOTSM) * Noncommissioned Officer Professional Development Ribbon (NPDR) with Numeral 2 * Overseas Service Ribbon (OSR) with Numeral 3 * National Defense Service...
ARMY | BCMR | CY2008 | 20080012250
The evidence of record also shows that the applicant's service in Iraq from 15 January 2003 to 17 June 2003 qualifies him for award of the Iraq Campaign Medal. Permanent Orders awarded the applicant four awards of the Army Achievement Medal, only one of which is shown on his records; therefore, he is entitled to correction of his records to show these awards. The evidence of record shows that the applicant served a qualifying period of service for award of the Korean Defense Service Medal,...
ARMY | BCMR | CY2007 | 20070009054
He also request that his Meritorious Service Medal (MSM) (2nd award) be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty). The evidence of record shows that the applicant was awarded three MSM(s). The evidence of record also shows that the applicant met the criteria for award of the National Defense Service Medal with bronze service star for his service in support of Operation Enduring Freedom outside the area of eligibility, from 11 September 2001 to a date...