IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140013691
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) for the period ending 31 January 1983 to show award of the Korea Defense Service Medal (KDSM).
2. The applicant states he believes he is eligible for the "South Korea Defense Medal" (presumed to mean the KDSM) for his service during the period March 1958 to December 1959.
3. The applicant provides a copy of his DD Form 214 for the period ending 31 January 1983.
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 1956 for 3 years. He completed his training and was awarded military occupational specialty 31M (radio relay and carrier operator). On 9 January 1959, he extended his enlistment for a period of 1 year.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he completed 17 months of overseas service prior to 1 January 1960; however, the area and country is not identified.
4. On 7 March 1960, he was honorably discharged for immediate reenlistment. He reenlisted on 8 March 1960 for 6 years. His DD Form 214 covering the period 29 June 1956 through 7 March 1960 is not available for review.
5. He remained on active duty through continuous reenlistments. On 31 January 1983, he retired in the rank of sergeant first class.
6. There is no evidence of record and he provided no evidence which shows he served in Korea.
7. Army Regulation 600-8-22 (Military Awards) 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:
Although the evidence of record confirms the applicant completed 17 months of foreign service prior to 1 January 1960, there is no specific evidence showing he served a qualifying period in Korea for award of the KDSM. In the absence of corroborating evidence in the form of military documentation showing he served in Korea, there is insufficient evidence on which to base award of the KDSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20140013691
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ABCMR Record of Proceedings (cont) AR20140013691
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