IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140005996
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) to show the Korea Defense Service Medal and any other awards.
2. The applicant states this award was authorized after he left the military.
3. The applicant provides his DD Form 214, ending on 11 September 1975.
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's records show he enlisted in the Regular Army on 30 October 1974 and held military occupational specialties 67N (UH-1 Helicopter Repairman).
3. He served in Korea from 19 April 1975 to 10 September 1975.
4. He was discharged from active duty on 11 September 1975. His DD Form 214 shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. His records do not show he was recommended for any individual awards or was entitled to any individual, unit, or service awards.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 applicant's service in Korea from April to September 1975 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.
2. His records do not show he was recommended for any individual awards or was entitled to any individual, unit, or service awards.
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 adding to his DD Form 214 the Korea Defense Service Medal.
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 any other awards or decorations.
___________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) AR20140005996
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ABCMR Record of Proceedings (cont) AR20140005996
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