IN THE CASE OF:
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20130021863
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 (Report of Separation from Active Duty) with an effective date of 29 April 1977 to show award of the Korean Service Medal; however, it appears he intended to request award of the Korea Defense Service Medal, which is commonly confused with the Korean Service Medal.
2. The applicant states his DD Form 214 shows he had service in Indochina or Korea since 5 August 1964; however, the Korean Service Medal is not shown. He arrived in Korea in September 1974 and departed in October 1975.
3. The applicant provides his DD Form 214 with an effective date of 29 April 1977.
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. On 1 May 1974, he enlisted in the Regular Army for 3 years.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 25 September 1974 to 29 October 1975.
4. On 29 April 1977, he was released from active duty. He completed 2 years, 11 months, and 29 days of active service that was characterized as honorable. His DD Form 214 does not show award of the Korean Service Medal.
5. On 19 April 1978, he enlisted in the Regular Army for 3 years. He served continuously until his retirement on 30 April 1997. This DD Form 214 does not show award of the Korea Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
b. The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 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.
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. It stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for award of the Korean Service Medal; however, it does support award of the Korea Defense Service Medal.
2. The applicant's initial enlistment was well after the end of the period of eligibility for the Korean Service Medal. He is not entitled to that award.
3. The Korea Defense Service Medal was authorized well after his period of service. Therefore, there is no error in the fact that the award was not entered on his DD Form 214 with an effective date of 29 April 1977.
4. However, his record shows he completed a period of service in Korea qualifying for the award of the Korea Defense Service Medal. Therefore, he is entitled to have this award added to his DD Form 214 with an effective date of
29 April 1977.
5. Regulations state the DD Form 214 should reflect all awards received or authorized for all periods of service. Therefore, the award of the Korea Defense Service Medal should also be added to his retirement DD Form 214 with a separation date of 30 April 1997.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the Korea Defense Service Medal to his DD Form 214 with an effective date of 29 April 1977; and
b. adding the Korea Defense Service Medal to his retirement DD Form 214 with a separation date of 30 April 1997.
2. The Board further determined that the evidence presented is insufficient to
warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Korean Service Medal.
_______ _ _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) AR20130021863
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ABCMR Record of Proceedings (cont) AR20130021863
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