IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002617
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 he be awarded the Korea Defense Service Medal (KDSM) and that his records be corrected accordingly.
2. The applicant states that he served two tours in Korea and is entitled to award of the KDSM.
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty) and his DA Form 66 (Officer Qualification Record).
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 was commissioned as a Regular Army second lieutenant on 7 June 1958. He completed his training and served overseas tours in Korea from September 1959 to September 1960 and September 1969 to March 1970. He also served a tour in Vietnam and two tours in Germany.
3. On 31 August 1979, he was honorably retired at Oakland Army Base, California in the rank of lieutenant colonel. His DD Form 214 does not show the KDSM.
4. Army Regulation 600-8-22 (Military Awards) states the 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:
The applicant served two tours in Korea during a qualifying period for award of the KDSM. Accordingly, the KDSM should be added to his DD Form 214.
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 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) AR20140002617
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ABCMR Record of Proceedings (cont) AR20140002617
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