Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140010735
Original file (20140010735.txt) Auto-classification: Approved

		

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140010735 


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 in effect correction of his DD Form 214 (Certificate 
of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal, Korea Service Medal, and United Nations Service Medal for his tours of duty in Korea.

2.  The applicant states he served two short tours in Korea, one in 1963 and one in 1979.

3.  The applicant provides copies of his Officer Record Brief (ORB) and a copy of his 1997 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 service records as incorporated in the integrated Personal Electronic Records Management System (iPERMS) are significantly incomplete.  Documentation of specific dates, locations, and circumstances are not available for Board review.

3.  The available records show the applicant served on active duty as a commissioned officer from 11 November 1961 through 3 November 1963 and 4 July 1975 through 20 September 1997.  He also had 5 and a half years of Army National Guard and/or U.S. Army Reserve service between his two periods of active duty.

4.  His ORB shows two tours of duty in Korea the first for 13 months of service in Korea ending in November 1963 and the second for 12 months of service in Korea from ending in June 1979.

5.  His records show award of the Meritorious Service Medal (6th award), Bronze Star Medal, Legion of Merit, Army Commendation Medal, National Defense Service Medal (2nd award), Southwest Asia Service Medal with two bronze service stars, Armed Forces Reserve Medal, Kuwait Liberation Medal - Kuwait, Kuwait Liberation Medal - Saudi Arabia, Army Service Ribbon, and the Overseas Service Ribbon with numeral 5.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states:

	a.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

   b.  the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
   
   c.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.)  Only one award of the KDSM is authorized for any individual.
   
   
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant did not serve in Korea during the period for which the Korean Service Medal or the United Nations Service Medal was authorized.

2.  The applicant served in Korea during the period the KDSM is authorized.  Therefore, it would be appropriate to add this award to the applicant's awards and include it on his DD Form 214.

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 1997 DD Form 214 award of the KDSM.

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 award of the United Nations Service Medal and Korean 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)                                         AR20140010735



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010735



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150003123

    Original file (20150003123.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * National Defense Service Medal (NDSM) (3rd Award) * Southwest Asia Service Medal (SWASM) * Global War on Terrorism Service Medal (GWOTSM) * Korea Defense Service Medal (KDSM) 2. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period...

  • ARMY | BCMR | CY2012 | 20120010035

    Original file (20120010035.txt) Auto-classification: Approved

    The applicant requests corrections of discrepancies on and between her Office Record Brief (ORB) and her DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant provides copies of: * e-mail related to her attempts to correct her records * her USAR appointment letter * a 1997 Oath of Office * her 16 December 2003 DD Form 214 * a DA Form 2-1 (Personnel Qualification Record - Part II) * her 2 copies of her ORB * Permanent Orders Number 310-503 (deployment orders) * a...

  • ARMY | BCMR | CY2013 | 20130001022

    Original file (20130001022.txt) Auto-classification: Approved

    The applicant states, in effect, a. he left the Army before receiving all of his earned awards; b. he has a certificate for the Army Commendation Medal (ARCOM); and c. he believes he was awarded the Kuwait Liberation Medal (KLM), Korean Service Medal (KSM), Combat Action Badge (CAB), and additional individual and unit awards. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. b. Paragraph 5-8 provides for award of the KSM and it states that the KSM is awarded...

  • ARMY | BCMR | CY2009 | 20090012401

    Original file (20090012401.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal instead of the Korean Service Medal. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2011 | 20110024960

    Original file (20110024960.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 31 July 2012 DOCKET NUMBER: AR20110024960 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests to add the following awards and decorations to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Korea Defense Service Medal (KDSM) * National Defense Service Medal (NDSM) * United Nations Service Medal (UNSM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 2. As a result, the Board recommends...

  • ARMY | BCMR | CY2011 | 20110020891

    Original file (20110020891.txt) Auto-classification: Approved

    There is no evidence of record which shows he served in Korea during the period 27 June 1950 to 27 July 1954. No evidence shows the applicant served in Korea during the period 27 June 1950 to 27 July 1954. There is no evidence of record and the applicant has provided no evidence which shows he served a period of qualifying service in Korea for award of the Korean Service Medal.

  • ARMY | BCMR | CY2010 | 20100023857

    Original file (20100023857.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM), a second award of the National Defense Service Medal (NDSM), and the Global War on Terrorism Service Medal (GWOTSM). The evidence of record confirms the applicant completed two tours of duty in Korea during the period of eligibility for the KDSM. It also confirms he served on active duty during two separate NDSM periods of eligibility...

  • ARMY | BCMR | CY2010 | 20100018612

    Original file (20100018612.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 31 August 1994 to show his awards of the Valorous Unit Award (VUA), Kuwait Liberation Medal-Kuwait (KLM-KU), and Korea Defense Service Medal (KDSM). It 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. There is no available evidence showing the applicant served with a unit...

  • AF | BCMR | CY2006 | BC-2006--00880

    Original file (BC-2006--00880.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His service between 19 June 1959 and 24 June 1966 meets the criteria for award of the NDSM and his service at Osan Air Base, Korea in 1961 -1962 qualifies him for award of the UNSM. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends disapproval of the applicant’s request for award of the UNSM. The applicant did not provide any documentary...

  • ARMY | BCMR | CY2008 | 20080004938

    Original file (20080004938.txt) Auto-classification: Approved

    The evidence of record shows that the applicant served a qualifying period for award of the Korea Defense Service Medal. Therefore, there is sufficient evidence that shows the applicant served in Korea during this period and is thus entitled to award of the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the Korea Defense Service Medal, the Republic of Vietnam Gallantry Cross...