BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130001386
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) and any additional medals that were approved for his period of active service.
2. The applicant states based on the criteria and his service in the Korean Demilitarized Zone, he believes he is entitled to the KSM and other awards as warranted.
3. The applicant provides a copy of 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. His record shows he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 6 June 1964 and he entered active duty on 3 June 1965. His record further shows he served in Korea from 21 September 1965 through
17 October 1966.
3. On 2 June 1967, his active duty commitment expired and he was honorably transferred to the USAR Control Group (Annual Training).
4. His DD Form 214 shows he was awarded the National Defense Service 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 Korea Defense Service Medal (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 applicant's request for correction of his DD Form 214 to show award of the KSM and any awards he may be entitled to has been carefully considered and found to have partial merit.
2. The available evidence shows the applicant completed a period of qualifying service for award of the KDSM. Therefore, he is entitled to this medal and correction of his DD Form 214 to show this award.
3. With respect to the KSM, he served in Korea from 21 September 1965 through 17 October 1966. The KSM was not authorized during his period of service. Therefore, he is not entitled to 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.
2. The Board further determined that the evidence presented is 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 award of 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.
ABCMR Record of Proceedings (cont) AR20130001386
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