IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130011492
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korean Service Medal (interpreted to mean the Korea Defense Service Medal (KDSM)) and the Southwest Asia Service Medal (SWASM).
2. The applicant states he served on active duty in the Republic of Korea (ROK) and during Operation Desert Shield/Desert Storm (ODS).
3. The applicant provides a copy of Department of Veterans Affairs (VA) Form 28-1900 (Disabled Veterans Application for Vocational Rehabilitation), dated
10 June 2013.
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 29 June 1989, the applicant enlisted in the Regular Army. He completed his initial training and was assigned for duty in the ROK.
3. Records show the applicant served in the ROK from 20 December 1989 to
3 May 1991, when he departed for duty in the United States.
4. On 3 June 1991, the applicant was assigned to Fort Ritchie, Maryland, where he remained until 3 August 1994, when he was discharged due to a physical disability.
5. The applicant's DD Form 214 lists his awards as:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
6. Army Regulation 600-8-22 (Military Awards) states:
a. the SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.
b. 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:
1. The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the KDSM and the SWASM because he served in the ROK and because he served in the Regular Army during the period of ODS.
2. The available evidence of record clearly shows the applicant served a qualifying period of duty in the ROK that authorizes him the KDSM. Therefore, this service medal should be shown on his DD Form 214.
3. However, his records show that while he did serve on active duty during the period of ODS, all of his foreign service was in the ROK. There is no evidence showing that he was deployed to Southwest Asia in support of ODS. Therefore, he is not authorized award of the SWASM.
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 showing, in addition to the awards already shown on his DD Form 214, that he was awarded the Korea Defense Service Medal.
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 Southwest Asia 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) AR20130011492
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