IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021328
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 award of the Korea Defense Service Medal.
2. The applicant states he served in the Republic of Korea from October 1995 through October 1996.
3. The applicant provides:
* Orders 292-03 issued by Headquarters, 2nd Infantry Division, Korea, dated 19 October 1995
* Orders 293-08 issued by the same headquarters, dated 20 October 1995
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. The applicant was appointed a Reserve Commissioned Officer of the Army on 17 December 1994 and entered active duty.
3. The applicant's record contains DA Forms 67-8 (U.S. Army Officer Evaluation Report) that show he served in the Republic of Korea from 7 October 1995 through 15 October 1996.
4. His record contains a DD Form 214 that shows he was honorably discharged on 16 December 1998. His DD Form 214 shows he completed 1 year and 19 days of foreign service and he was awarded or authorized the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
5. 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.
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal. 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 adding 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) AR20130021328
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ABCMR Record of Proceedings (cont) AR20130021328
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