IN THE CASE OF:
BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130020087
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal.
2. The applicant states the Korea Defense Service Medal was authorized after his discharge.
3. The applicant provides:
* DD Form 214
* Veterans of Foreign Wars Magazine article featuring Korea Defense Service Medal eligibility
* letter from the National Personnel Records Center, dated 31 July 2013
* letter from the Army Review Boards Agency, dated 3 September 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. The applicant's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant provided a copy of his DD Form 214 which is deemed sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 27 September 1967.
4. His DD Form 214 shows he performed 1 year, 1 month, and 15 days of foreign and/or sea service in the U.S. Army Pacific and he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Army Good Conduct Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. His DD Form 214 shows he was honorably discharged on 1 June 1969 in the temporary rank of specialist four as an overseas returnee. He completed 1 year, 8 months, and 5 days of creditable active military service with no lost time.
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. As a special provision, service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974 in an area for which the Korea Defense Service Medal was authorized subsequent are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
Based on the applicant's award of the Armed Forces Expeditionary Medal (Korea), the evidence is sufficient to show the applicant completed a period of qualifying service for award of the Korea Defense Service Medal. Therefore, he is authorized this medal and 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 the evidence presented is 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 award of the Korea Defense Service Medal to his DD Form 214.
_____________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) AR20130020087
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