IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140012480
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 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM) and National Defense Service Medal (NDSM).
2. The applicant states:
a. His DD Form 214 does not address his service in the Republic of Korea from 30 October 1978 to 24 October 1979 which qualifies him for award of the KDSM.
b. In accordance with Army Regulation 600-8-22 (Military Awards), his service from 29 June 1978 to 30 September 2001 qualifies him for award of the NDSM.
3. The applicant provides:
* DD Form 214
* Enlisted Record Brief
* DA Form 2-1 (Personnel Qualification Record Part II)
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 enlisted in the Regular Army on 29 June 1978 and trained as a mechanic maintenance supervisor.
3. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Korea from 30 October 1978 through 24 October 1979.
4. He retired on 30 September 2001 in the rank of master sergeant.
5. His DD Form 214 does not show the NDSM or KDSM as authorized awards.
6. Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.
7. 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:
1. He served honorably during two qualifying periods for award of the NDSM. Therefore, his DD Form 214 should be corrected to show the NDSM (2nd Award).
2. Based on his service in Korea from October 1978 to October 1979, he is authorized award of the KDSM. Therefore, his DD Form 214 should be corrected to show this medal.
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 NDSM (2nd Award) and 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) AR20140012480
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ABCMR Record of Proceedings (cont) AR20140012480
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