IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130011916
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 issuance of a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM).
2. He states he would like to have the KDSM documented by issuance of a DD Form 215.
3. He provides no documentary evidence in support of his request.
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 17 November 1999, the applicant enlisted in the Regular Army.
3. His Enlisted Record Brief shows he served in Korea from 13 June 2000 to 12 June 2001.
4. On 10 May 2002, he was discharged. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
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.
6. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea during the period of eligibility for the KDSM. He is entitled to correction of his DD Form 214 to show this award.
2. He completed a qualifying period of service during the period of eligibility for the GWOTSM. He is entitled to correction of his DD Form 214 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 that 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 issuing him a DD Form 215 correcting his DD Form 214 by adding the KDSM and GWOTSM.
_______ _ _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) AR20130011916
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ABCMR Record of Proceedings (cont) AR20130011916
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