IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130007788
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) for the period ending 8 December 1999 to show award of the Korea Defense Service Medal (KDSM).
2. The applicant states he served in Korea from May 1996 to May 1997. He was discharged prior to creation of the medal but he qualifies for it.
3. The applicant provides:
* statement to the Board
* DA Form 638 (Recommendation for Award) extract
* Army Achievement Medal Certificate
* Army Commendation Medal Certificate
* DA Form 3355 (Promotion Point Worksheet)
* 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. On 25 May 1995, the applicant enlisted in the Regular Army. He completed training, was awarded military occupational specialty 98C (Electronic Warfare/Signals Intelligence Analyst), and was promoted to pay grade E-5.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 5 May 1996 through 4 May 1997.
4. On 8 December 1999, he was honorably released from active duty. He completed 4 years, 6 months, and 14 days of creditable active service.
5. His DD Form 214 as amended by a DD Form 215 (Correction to DD Form 214) does not show the KDSM.
6. 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:
His record shows his service met the criteria for award of the KDSM. Therefore, he is entitled to have the KDSM added to his DD Form 214.
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 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 adding the KDSM to his DD Form 214 for the period ending 8 December 1999.
_______ _ __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) AR20130007788
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007788
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004644
IN THE CASE OF: BOARD DATE: 14 July 2009 DOCKET NUMBER: AR20090004644 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states that 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. DISCUSSION AND CONCLUSIONS: The applicant's service personnel records confirm he served in Korea from March 1996 to August 1997.
ARMY | BCMR | CY2013 | 20130017236
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM). 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 (ROK). The applicant served a qualifying period of service for award of the KDSM.
ARMY | BCMR | CY2012 | 20120012598
The applicant requests the Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
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 | 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 | CY2013 | 20130001379
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards he is authorized as a result of his deployment to Kuwait for participation in Exercise Intrinsic Action. His DD Form 214 shows in: a. block 12f (Foreign Service) the entry "000 00 00" indicating no foreign service; b. block 13 (Decorations, Medals, Badges, Citations and...
ARMY | BCMR | CY2013 | 20130014806
IN THE CASE OF: BOARD DATE: 20 May 2014 DOCKET NUMBER: AR20130014806 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). His record is absent of evidence and he has not provided any evidence to show he served in support of an operation for which the AFSM is authorized.
ARMY | BCMR | CY2014 | 20140001876
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is authorized the Korea Defense Service Medal (KDSM). The available records show he served in Korea from 10 July 1996 until 17 August 1997. __________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.
ARMY | BCMR | CY2011 | 20110023737
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show the following awards: * Korea Defense Service Medal (KDSM) * Army Reserve Components Achievement Medal (ARCAM) * Soldier's Medal 2. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Reserve Components Achievement Medal...
ARMY | BCMR | CY2013 | 20130006509
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Bosnia-Herzegovina. Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM. The available evidence shows the 62nd Engineer Battalion was placed on orders for deployment/redeployment to/from Bosnia-Herzegovina and the applicant was a member of the unit at the time.