BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130017468
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 award of the Korea Defense Service Medal (KDSM) for his service in the Republic of Korea.
2. The applicant states he served two tours in the Republic of Korea during the relevant time period [specified in the KDSM award criteria]. The KDSM was authorized after he was discharged. His DD Form 214 (Certificate of Release or Discharge from Active Duty) is incomplete without the KDSM.
3. The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and a letter from the National Personnel Records Center dated
9 September 2011.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 11 October 1977, the applicant enlisted in the Regular Army. He completed his initial entry training and was awarded military occupational specialty 95B (Military Police). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in the Republic of Korea on two occasions:
* from on or about 10 February 1978 through on or about 6 February 1979
* from on or about 21 May 1980 through on or about 7 April 1981
4. On 10 June 1981, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued at the time does not show the KDSM.
5. On 5 November 1981, a DD Form 215 was issued that corrected his DD Form 214; however, it did not add the KDSM.
6. Army Regulation 600-8-22 (Military Awards) states the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003. 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant served during a qualifying period of service in the Republic of Korea for entitlement to the KDSM. Therefore, his DD Form 214 should be corrected 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 amending his DD Form 214 to add 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) AR20080016060
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