IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021543
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Korea Defense Service Medal (KDSM).
2. The applicant states that the KDSM was not in effect at the time of his release from active duty (REFRAD).
3. The applicant provides a copy of a letter from the National Personnel Records Center (NPRC) authorizing the issuance of the KDSM and 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 11 March 1959 for a period of
3 years. He completed his basic training at Fort Dix, NJ and his advanced individual training at Fort Knox, KY.
3. He served in Korea during the period 4 September 1960 to 28 September 1961.
4. On 1 May 1962, he was honorably REFRAD due to the expiration of his term of service (ETS). He had served 3 years and 20 days of active service. His DD Form 214 shows his award of the Expert Marksmanship Qualification Badge with carbine bar.
5. On 15 November 2013, the NPRC authorized the issuance of the KDSM to the applicant.
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 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:
1. The applicant served during a qualifying period for award of the KDSM and is entitled to have that award added to his records.
2. Accordingly, his DD Form 214 should be corrected at this time to reflect award of the KDSM.
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 award of the KDSM 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) AR20130021543
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ABCMR Record of Proceedings (cont) AR20130021543
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