IN THE CASE OF
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021593
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 Korean Foreign Service Defense Medal (i.e., the Korea Defense Service Medal (KDSM)) for his service in the Republic of Korea.
2. The applicant states he served with the 1st Battalion, 503rd Infantry Regiment, 2nd Infantry Division in the Republic of Korea, from November 1991 through November 1992. The KDSM was authorized and approved for the dates he was on active duty while stationed at Camp Howze and Camp Hovey in the Republic of Korea.
3. The applicant provides a DA Form 4980-18 (Army Achievement Medal Certificate) and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 14 June 1991, the applicant enlisted in the Regular Army. He completed his initial entry training and he was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in the Republic of Korea from on or about 18 November 1991 through on or about 17 November 1992.
4. On 13 July 1995, he was honorably released from active duty. His DD Form 214 does not show he was awarded or authorized the KDSM.
5. 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 in the Republic of Korea during a qualifying period of service 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) AR20130021593
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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