IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140010657
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.
2. The applicant states this award was omitted from his DD Form 214.
3. The applicant provides a DD Form 214.
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 27 October 1972 and held military occupational specialties 05K (Teletype Writer Interceptor).
3. He served in Korea from 13 January 1975 to 4 December 1975.
4. He was honorably released from active duty on 5 December 1975. His DD Form 214 shows he was awarded or authorized:
* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. His records do not show he was recommended for any other individual 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 13 January 1975 to 4 December 1975 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.
2. Based upon the foregoing, the requested relief should be granted.
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 this DD Form 214 the Korea Defense Service Medal.
_______ _ _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) AR20140010657
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ABCMR Record of Proceedings (cont) AR20140010657
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