IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013309
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 Defense Service Medal.
2. The applicant states due to a clerical error the medal is not included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides copies of his DD Form 214, a Unit Clearance Record, and a Statement for Enlistment.
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 4 August 1978, completed training, and was awarded the military occupational specialty 11B (Infantryman).
3. He served in Korea from 2 December 1978 through 28 November 1979.
4. The applicant was honorably released from active duty on 3 August 1981. His DD Form 214 shows his award of the Army Good Conduct Medal.
5. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal was authorized by the 2003 National Defense Authorization Act. It is awarded 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.
DISCUSSION AND CONCLUSIONS:
The Korea Defense Service Medal was not authorized until well after the applicant was released from active duty; however, it was made retroactive to include the period the applicant served in Korea. Therefore, it would be appropriate include the Korea Defense Service Medal on the applicant's DD Form 214.
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 the Korea Defense Service Medal to the applicant's 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) AR20140013309
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013309
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012480
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). 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. The applicant provides: * DD Form 214 * Enlisted Record Brief * DA Form 2-1 (Personnel Qualification Record Part II) CONSIDERATION OF...
ARMY | BCMR | CY2014 | AR20140009532
IN THE CASE OF: BOARD DATE: 15 January 2015 DOCKET NUMBER: AR20140009532 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 August 1982 to show the Korea Defense Service Medal. 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.
ARMY | BCMR | CY2012 | 20120005463
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) ending on 30 June 1978 to show the correct dates of his service in Korea. The evidence of record shows the applicant served in Korea from 29 December 1973 through 20 February 1975.
ARMY | BCMR | CY2012 | 20120011810
Army Regulation 600-8-22 (Military Awards) 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding the Korea Defense Service Medal to item 13 of his DD Form 214 * adding the Basic NCO Course for Combat Arms to item 14 of his DD...
ARMY | BCMR | CY2010 | 20100013135
The applicant requests award of the Korea Defense Service Medal (KDSM). He states his 26 September 1979 DD Form 214 (Report of Separation from Active Duty) shows his service in Korea from 30 September 1978 to 26 September 1979, but does not reflect the award of the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his 26 September 1979 DD Form 214 the KDSM.
ARMY | BCMR | CY2014 | 20140011366
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 13 months of foreign service and reinstatement of his rank to specialist four (SP4) and pay grade E-4. Based on his service in Korea, the applicant is authorized the Korea Defense Service Medal and his DD Form 214 should be corrected to show this award. Therefore, his DD Form 214 accurately shows his rank and pay grade at the time of his separation from active duty and there...
ARMY | BCMR | CY2011 | 20110025237
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 7 July 1978 to show the Korea Defense Service Medal. 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 for the period ending 7 July 1978 the Korea Defense Service Medal.
ARMY | BCMR | CY2011 | 20110025151
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1989 to show the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM). Therefore, his DD Form 214 for the period ending 24 February 1989 should be corrected to show this award.
ARMY | BCMR | CY2012 | 20120005337
IN THE CASE OF: BOARD DATE: 11 September 2012 DOCKET NUMBER: AR20120005337 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests award of the Korea Defense Service Medal (KDSM) and Special Forces (SF) Tab. His enlisted evaluation reports for periods ending August 1976 and April 1977 show he served in Korea.
ARMY | BCMR | CY2013 | 20130005759
Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Therefore, he is authorized award of the KDSM and it should be added to his DD Form 214 at this time. _______ _ 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.