IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130005759
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 effect, correction of his records to show award of the Korea Defense Service Medal (KDSM) and issuance of the medal set.
2. The applicant states he served three overseas tours in Korea from 1977-1978, 1980-1981, and from 1983-1984. Award of the KDSM was approved after his retirement and his records were never updated.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 6 October 1976. He was trained in and awarded military occupational specialty 67U (CH-47 Helicopter Repairer).
3. He served on active duty through multiple reenlistments. His DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Korea during the following periods:
* 6 April 1977-5 April 1978 (12 months)
* 4 February 1980-26 January 1981 (12 months)
* 2 March 1983-29 February 1984 (12 months)
4. On 31 October 1996, the applicant was retired from active duty after completing 20 years and 25 days of creditable active duty service. The KDSM is not listed on his DD Form 214.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. 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 from 28 July 1954 to a date to be determined. Only one award of the KDSM is authorized for any individual.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to award of the KDSM. There is sufficient evidence to support this claim.
2. The KDSM is authorized for service in Korea from 28 July 1954 to a date to be determined. The evidence of record confirms he completed three overseas tours in Korea totaling 36 months as indicated on his DA Form 2-1. Therefore, he is authorized award of the KDSM and it should be added to his DD Form 214 at this time.
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 award of the KDSM to his DD Form 214 for the period ending 31 October 1996 and issuing him the medal set.
_______ _ 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) AR20130005759
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ABCMR Record of Proceedings (cont) AR20130005759
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