IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140018179
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 (Report of Separation from the Armed Forces of the United States) to show he is authorized the Korean Service Medal (KSM). (It appears he intended to request the Korea Defense Service Medal (KDSM).)
2. The applicant states:
* he served in the Republic of South Korea from June 1995 to June 1996 as a first sergeant in Suwon, Korea
* he was told by another retiree that he could get credit for serving a tour in Korea and receive the KSM
3. The applicant does not provide any supporting documentation.
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. On 8 June 1977, the applicant enlisted in the Regular Army. After initial training he was awarded military occupational specialty 14E (Patriot Fire Control Operator).
3. His DA Form 2-1 (Personnel Qualification Record) shows in item 6 (Overseas Service) he served in Korea from 27 May 1995 to 16 May 1996.
4. On 31 October 1999, he retired after 22 years, 4 months, and 23 days of net active service that was characterized as honorable. He completed 9 years,
11 months, and 16 days of foreign/sea service. His DD Form 214 does not show he was awarded a service medal based on his service in Korea.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards states that the Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
6. Army Regulation 600-8-22 states the KDSM 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 (ROK). The area of eligibility encompasses all land area of the ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The basic criteria require that service members to have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve in Korea from June 1950 to July 1954. Therefore, there is no basis for adding the KSM to his DD Form 214.
2. His records show he served in Korea for approximately one year during the period of eligibility for the KDSM. It would be appropriate to correct his DD Form 214 to show this award.
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 DD Form 214 the KDSM.
2. The Board further determined that the evidence presented was 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 the KSM.
_______ _ 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) AR20130019464
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ABCMR Record of Proceedings (cont) AR20140018179
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