IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130009136
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) to show the award of the Korea Defense Service Medal (KDSM).
2. The applicant states he served two tours in Korea, but the KDSM did not exist during his term of service.
3. The applicant provides no additional evidence.
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 October 1977 for a period of 3 years. He completed basic training at Fort Leonard Wood, Missouri, and advanced individual training as an infantryman at Fort Benning, Georgia. He was transferred to Korea for his first assignment during the period 7 April 1978-7 April 1979. He served a second tour during the period 20 February 1981-31 March 1982.
3. On 16 April 1984, he was honorably discharged due to completion of required service. He completed 6 years and 6 months of active service and was awarded the Army Service Ribbon, Overseas Service Ribbon, Army Good Conduct Medal and Noncommissioned Officer Professional Development Ribbon.
4. 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
5. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that award of the KDSM should be added to his DD Form 214 has been noted and found to have merit.
2. The applicant served two tours in Korea during a qualifying period for award of the KDSM and is entitled to have this award added to his DD Form 214 at this time.
3. The applicant also served two tours in Korea and is entitled to two awards of the Overseas Service Ribbon.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 deleting the award of the Overseas Service Ribbon and adding the awards of the KDSM and the Overseas Service Ribbon (2nd award) to his DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20130009136
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ABCMR Record of Proceedings (cont) AR20130009136
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