IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130017236
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 Korea Defense Service Medal (KDSM).
2. The applicant states he served in South Korea for 1 year, 1 month, and 3 days from 1998 through 1999. He states the KDSM was created in 2002 and was retroactive to the end of the Korean War and is granted to any service performed after July 28, 1954. He states to qualify for the KDSM; a Service Member must have served at least thirty consecutive days in the Korean Theater.
3. The applicant further states with over a year of service in Korea, he qualified but was not given the KDSM because it was not created yet.
4. The applicant provides a copy of his 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. The applicant enlisted in the Regular Army on 10 January 1996 and was trained in and awarded military occupational specialty 92G (Food Service Specialist). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.
3. Item 5 (Oversea Service) of the applicants Personnel Qualification Record (PQR) shows he served in the Far East Pacific Area (FEPA) Korea during the period 7 December 1997 to 9 January 1999.
4. The applicants DD Form 214 shows he was honorably released from active duty on 9 January 1999.
5. The applicants DD form 214 shows the following awards:
* Army Achievement Medal (AAM) (1st OLC)
* Army Good Conduct Medal
* Overseas Service Ribbon
* National Defense Service Medal
* Sharpshooter Marksmanship Badge (Rifle M-16)
* Sharpshooter Marksmanship Badge (Grenade)
* Air Assault Badge
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 served on active duty in support of the defense of the Republic of Korea (ROK). The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 to show award of the KDSM has been carefully considered, and found to have merit.
2. The applicant served a qualifying period of service for award of the KDSM. Therefore, 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 adding to his DD Form 214 the KDSM.
_______ _ _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) AR20130017236
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017236
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130010996
His initial request for the KDSM was denied by the Army Board for Correction of Military Records (ABCMR) because his record contained no evidence to confirm his Korean service. The applicant provides: * DD Form 735 (Health Record Abstract of Service) * Medical record document extract CONSIDERATION OF EVIDENCE: 1. While there is no specific entry in his record to show this service was performed in Korea, he was treated at the 44th Surgical Hospital on 3 April 1956 and assigned with the...
ARMY | BCMR | CY2011 | 20110024960
IN THE CASE OF: BOARD DATE: 31 July 2012 DOCKET NUMBER: AR20110024960 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests to add the following awards and decorations to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Korea Defense Service Medal (KDSM) * National Defense Service Medal (NDSM) * United Nations Service Medal (UNSM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 2. As a result, the Board recommends...
ARMY | BCMR | CY2006 | 20060008649C071029
The applicant requests that the record and separation document (DD Form 214) of her deceased husband, a former service member (FSM), be corrected to add the Korean Campaign Ribbon, now known as the Korean Service Medal (KSM), with 3 bronze service stars, American Theater Service Medal, now known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World War II Victory Medal. Army Regulation 600-8-22...
ARMY | BCMR | CY2008 | 20080008923
It 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 evidence of record shows that the applicant served in the Republic of Korea during a qualifying period for award of the Korean 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...
ARMY | BCMR | CY2008 | 20080017768
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 June 2006 to show two awards of the United Nations Medal and the Korea Defense Service Medal (KDSM). The applicant provides two applications, both dated 13 October 2008; a DD Form 214 for the period ending 1 February 1999; a memorandum, dated 15 March 1995; an Officer Record Brief; a DD Form 214 for the period ending 3 June 2006; and an award certificate and...
ARMY | BCMR | CY2009 | 20090013374
The applicant, as the father of a deceased former service member (FSM), requests, in effect, that his son's DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Action Ribbon, three awards of the Army Achievement Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Korean Service Medal, the Overseas Service Ribbon, and the Driver and Mechanic Badge with Driver-T...
ARMY | BCMR | CY2009 | 20090006287
Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 26 of the applicant's DD Form 214 for the period ending 15 November 1964 the Korea Defense Service Medal;...
ARMY | BCMR | CY2012 | 20120012930
His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 4 April 1969 to 26 January 1970. The evidence of record does not support the applicant's request for award of the KSM; however, it does support award of the KDSM. The applicant's record shows he completed a period of service in Korea qualifying for award of the KDSM.
ARMY | BCMR | CY2005 | 20050017217C070206
The applicant requests, in effect, that his record be corrected to show his entitlement to the Korean Defense Service Medal (KDSM) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and that all his Reserve service should be included on his 17 November 1981 separation document (DD Form 214). The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends...
ARMY | BCMR | CY2008 | 20080017366
The applicant requests, in effect, awards and decorations for his service in Korea. The applicants military records are not available to the Board for review. There is no evidence of record which shows the applicant served in Korea.