IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130005734
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, in an amended application, award of the Korea Defense Service Medal (KDSM).
2. The applicant states her service in the Korea entitles her to the KDSM.
3. The applicant provides no additional documentation in support of this case.
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 17 March 1982.
3. The applicant's record contains a DA Form 2-1 (Personnel Qualification Record) that shows she served in Korea from 16 January 1984 to 13 March 1985 while assigned to Service Support Company, 102nd Military Intelligence Battalion, 2nd Infantry Division.
4. On 14 March 1985, she was honorably released from active duty at the expiration of her term of service. She completed 2 years, 11 months, and
28 days of creditable active service. Her DD Form 214 does not list the KDSM as an awarded or authorized award.
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 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 applicant served during a qualifying period of service in Korea for entitlement to the KDSM. Therefore, her DD Form 214 should be corrected 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 to her DD Form 214 the Korea Defense 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) AR20130005734
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ABCMR Record of Proceedings (cont) AR20130005734
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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