IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20120021046
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 award of the Korea Defense Service Medal (KDSM) for service on the Korean Peninsula.
2. He states:
a. he served on the Korean Peninsula from April 1987 to April 1988 and from June 1991 to April 1994.
b. the U.S. Department of Defense (DOD) News Release Number 088-04, dated 9 February 2004, states the period of eligibility for award of the KDSM is 28 July 1954 to a future date to be determined by the Secretary of Defense.
c. the DOD News Release further states that "Each military department will prescribe appropriate regulations for administration processing, awarding, and wearing of the KDSM and ribbon for their service members, to include application procedures for veterans, retirees, and next-of-kin."
3. He provides the U.S. DOD News Release Number 088-04.
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 on 31 October 1983.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in item 5 (Oversea Service) he served in Korea from 22 April 1987 to 17 April 1988 and from 18 June 1991 to 15 February 1994;
4. Upon completion of sufficient service, he was retired from active duty on 30 November 2003.
5. His DD Form 214 does not show award of the KDSM.
6. Army Regulation 600-8-22 states 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Korea from 22 April 1987 to 17 April 1988 and from 18 June 1991 to15 February 1994. Therefore, he served a period of qualifying service for award of the KDSM and his DD Form 214 should be corrected to show this medal.
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 show award of the KDSM.
_______ _ 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) AR20120021046
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ABCMR Record of Proceedings (cont) AR20120021046
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