IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140015191
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 the awards of the Korea Defense Service Medal and the Combat Infantryman Badge and, in effect, asks they be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect:
* he was stationed on the Demilitarized Zone (DMZ) in Korea between 1981 and 1982
* he participated in over 75 daytime reconnaissance and nighttime ambush patrols
* he was engaged in gunfire exchanges within the DMZ with enemy forces
* he has become aware of other Soldiers who served in the DMZ and were awarded the Combat Infantryman Badge
* he also understands the Korean government awarded the Korea Defense Service Medal to honor the service of Soldiers who, like him, served in the support of Korea's defense
3. The applicant provides:
* DD Form 214
* extract of 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. As to the applicant's request for the award of the Combat Infantryman Badge, paragraph 2-5, Section II, Army Regulation 15-185 (ABCMR) requires applicants to have exhausted all administrative remedies available prior to submitting an application to the Board. There is no evidence he has done so and, based upon this, this part of his request will not be further addressed. Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the Combat Infantryman Badge may submit an application by letter to include supporting documentation for award of the badge to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.
3. The applicant enlisted in the Regular Army on 23 November 1979. After completing initial training, he was awarded military occupational specialty 11B (Infantryman). The highest rank/grade held was sergeant/E-5.
4. Available records show he was assigned to Korea from on or about 9 June 1981 to on or about 7 June 1982. While in Korea, he was assigned to
Company A, 1st Battalion, 19th Infantry Regiment.
5. He was discharged from active duty on 19 August 1988. His DD Form 214 shows 8 years, 8 months, and 27 days of net active creditable service. He was awarded or authorized:
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* Army of Occupation Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with with Machine Gun Bar
(.50 Caliber)
6. 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 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 applicant's records show he has qualifying service and meets the criteria for the award of the Korea Defense Service Medal. His DD Form 214 should be corrected accordingly.
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 by corrected by
amending his DD Form 214 to show the award of 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) AR20140015191
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015191
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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