IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000593
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, that she be awarded the Korea Defense Service Medal (KDSM).
2. The applicant states her DD Form 214 (Certificate of Release or Discharge from Active Duty) should reflect her service in Korea as she served at Camp Stanley and is eligible for award of the KDSM; however, her DD Form 214 does not specify Korea as her last duty station.
3. The applicant provides copies of her DD Form 214, physical exam, and a pay voucher.
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 27 February 1990 for a period of 3 years and training as a food service specialist. She completed her training and was transferred to Korea for assignment to Headquarters and Headquarters Company, 2nd Aviation Regiment located at Camp Stanley, South Korea.
3. On 3 April 1991, she was honorably released from active duty (REFRAD) at the Presidio of San Francisco, CA due to pregnancy. She had served 1 year, 1 month, and 4 days of active service and her DD Form 214 issued at the time of REFRAD shows that she served 8 months and 4 days of foreign service and was awarded the National Defense Service Medal, Army Good Conduct Medal, Army Service Ribbon, and her marksmanship badges.
4. Her DD Form 214 also properly shows her last duty assignment and major command as HHC, 2nd AVN Eighth U.S Army (EUSA) P8.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) 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. Therefore, her 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 to her DD Form 214 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) AR20140000593
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ABCMR Record of Proceedings (cont) AR20140000593
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