IN THE CASE OF:
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140001334
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he is authorized the Korea Defense Service Medal.
2. The applicant states he was stationed along the demilitarized zone in Korea from 28 July 1980 to 14 July 1981.
3. The applicant provides copies of his:
* DD Form 214
* orders showing he was awarded a military occupational specialty (MOS)
while assigned in Korea
* 1st Battalion, 9th Infantry, Manchu Achievement Award, dated 11 July
1981
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 8 April 1980. He held MOS (11H) (Heavy Anti Armor Weapons Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
a. item 5 (Overseas Service) he served in Korea from 18 July 1980 through 14 July 1981; and
b. item 9 (Awards, Decorations and Campaigns) the:
* Army Service Ribbon
* Overseas Service Ribbon
* Air Assault Badge
* Jungle Expert Badge
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Grenade and tube-launched, optically-tracked, wire-guided(TOW) Gunner (Missile) Badges
* Sharpshooter Marksmanship Qualification Bade with Rifle Bar
4. He was honorably released from active duty effective 7 April 1983. His DD Form 214 lists his authorized awards as the:
* Overseas Service Ribbon
* Army Service Ribbon
* Army Good Conduct Medal
* Jungle Expert Badge
* Air Assault 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:
1. The available evidence shows the applicant served a qualifying period for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. His DA Form 2-1 shows he was awarded the Expert Marksmanship Qualification Badge with Grenade and TOW Gunner (Missile) Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, his DD Form 214 should be corrected to show these qualification badges.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 following awards to his DD Form 214:
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Grenade and Missile Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
_____________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) AR20110006177
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001334
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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