Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140004402
Original file (20140004402.txt) Auto-classification: Approved

	

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004402 


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 "Korea Duty Medal" and the Korea Defense Service Medal (KDSM).

2.  He states he served with the U.S. Army in Korea from 1 March 1968 to 
31 March 1969 and was assigned to the Inchon Petroleum Depot, 8th Army Depot Command.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.  Therefore, his request to add the Korea Duty Medal to his DD Form 214 will not be discussed any further in this record of proceedings. 

3.  He enlisted in the Regular Army on 23 June 1967.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from April 1968 through March 1969.

4.  On 22 June 1970, he was honorably released from active duty.  He completed a total of 3 years of net service with 1 year of foreign service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Army Regulation 600-8-22 states the KDSM 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:

The applicant's record shows he served in Korea from April 1968 through March 1969; therefore, he is entitled to the KDSM and correction of his DD Form 214 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 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 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)                                         AR20140004402





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004402



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130006771

    Original file (20130006771.txt) Auto-classification: Approved

    A review of his official records shows he served the following periods of foreign service: * 1 April 1948 – 16 May 1950 - Japan * 15 February 1952 – 22 December 1953 - Korea/Japan * 20 March 1954 – 15 January 1957 - Japan * 17 August 1959 – 23 November 1959 - Vietnam * 24 October 1961 – 2 August 1964 - Germany * 20 June 1966 – 20 October 1967 - Japan * 8 August 1968 – 8 April 1969 - Vietnam 7. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the...

  • ARMY | BCMR | CY2012 | 20120000550

    Original file (20120000550.txt) Auto-classification: Approved

    The applicant provides in support of his request an Army Commendation Medal (ARCOM) citation and a list containing the following awards: * ARCOM * Overseas Service Ribbon (OSR) Commemorative * Army Achievement Medal (AAM) * American Defense Commemorative * Korean Service Medal (KSM) * Cold War Victory Medal Commemorative * Honorable Service Commemorative * U.S. Armed Forces Retired Service Commemorative * Armed Forces Expert Marksman Commemorative * Airborne and Assault Air Assault...

  • ARMY | BCMR | CY2013 | 20130006746

    Original file (20130006746.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal and the Cold War Commemorative Medal. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. With respect to the Cold War Commemorative Medal, commemorative medals are not authorized for wear on...

  • ARMY | BCMR | CY2014 | 20140018964

    Original file (20140018964.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Overseas Service Ribbon (OSR) * American Defense Medal (correctly known as American Defense Service Medal) * Tet Campaign Medal * Expert Marksman Marksmanship Qualification Badge with Rifle Bar * Honorable Service Medal (correctly known as Honorable Service Commemorative Medal) * Vietnam Defense Medal (correctly known as Vietnam Defense...

  • ARMY | BCMR | CY2014 | 20140008177

    Original file (20140008177.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. award of the Cold War Victory Commemorative Military Medal, Honorable Service Commemorative Medal, American Defense Commemorative Medal, Army Service Commemorative Medal, and Armed Forces Expert Marksman Commemorative Medal; and b. any awards and decorations to which...

  • ARMY | BCMR | CY2014 | 20140006759

    Original file (20140006759.txt) Auto-classification: Approved

    The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Korea Defense Service Medal (KDSM) * National Defense Service Medal (NDSM) * Cold War Service Medals (i.e., Cold War Recognition Certificate) * Humanitarian Service Medal (HSM) * Military Outstanding Volunteer Service Medal * Army Achievement Medal (AAM) and "letter" * "Airborne and Air Assault Commemorative Medal" * "U.S. Army Commemorative Medal" * Driver's...

  • ARMY | BCMR | CY2013 | 20130013728

    Original file (20130013728.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). (determined to mean commemorative) medals to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 July 1980: * Combat Service Commemorative * Overseas Service Commemorative * American Defense Commemorative * Cold War Victory Commemorative * Republic of Vietnam Commemorative, TET Campaign * U.S. Army Commemorative * Honorable Service Commemorative * U.S....

  • ARMY | BCMR | CY2012 | 20120001453

    Original file (20120001453.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Presidential Unit Citation * Four awards of the Purple Heart * Special Operations Commemorative Medal * Joint Service Commendation Medal * Korea Defense Service Medal * Air Assault Badge * Republic of Vietnam Gallantry Cross 2. Additionally, it would also be appropriate to amend GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12...

  • ARMY | BCMR | CY2011 | 20110020773

    Original file (20110020773.txt) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Air Medal, Army Service Medal/Ribbon, and Overseas Commemorative Medal. In addition, the evidence of record fails to show the Army Service Medal or Overseas Commemorative Medal is an official U.S. military decoration, medal, or ribbon. The evidence of record shows: a. general orders awarded the applicant the Air Medal, the award is already recorded on his DD Form 214, and no further correction is needed but a copy of the...

  • ARMY | BCMR | CY2007 | 20070004373

    Original file (20070004373.TXT) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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 applicant requests correction of his records to show award of the Overseas Service Commemorative Medal, American Defense Service Medal, Honorable Service Commemorative Medal, Korea Defense Service Medal, and the Army Commemorative Medal. As a...