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).
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) by adding the following awards:
* Korea Defense Service Medal (KDSM)
* Armed Forces Service Medal (AFSM)
2. He states that he served in Korea on the demilitarized zone (DMZ) from 1996 through 1998. The 1 year and 7 months of foreign service shown on his DD Form 214 reflects his tour in Korea; however, these medals are not on his DD Form 214.
3. He 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. He enlisted in the Regular Army on 9 April 1996. His record contains a DA Form 2-1 (Personnel Qualification Record Part II) which shows he served in Korea with Headquarters and Headquarters Company, 1st Battalion, 506th Infantry, 2nd Infantry Division from 28 August 1996 to 4 May 1998:
4. A review of the applicant's records failed to yield any documents showing he deployed in support of a named military operation.
5. On 16 October 1999, he was medically discharged after completing 3 years, 6 months, and 8 days of honorable active federal service.
6. The applicant's records show that he was issued a DD Form 215 (Correction to DD Form 214) on 22 April 2014 which added the KDSM to his list of awards.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:
(1) Participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.
(2) Participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 by addingthe KDSM and the AFSM.
2. On 22 April 2014, his record was corrected to add the KDSM to his DD Form 214; therefore, there is no error on this matter. The applicant should be provided a copy of his DD Form 215.
3. 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. As such, he is not entitled to this portion of the requested relief.
4. In view of the above, the applicant's request should be denied; however, he should be provided a copy of his DD Form 215, dated 22 April 2014.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. However, the applicant will be provided a copy of his DD Form 215, dated 22 April 2014 which added his Korea Defense 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) AR20130014806
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ABCMR Record of Proceedings (cont) AR20130014806
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