IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140018609
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 he believes he is qualified for this award and it was authorized after his release from active duty.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 12 October 1983. After completing initial training, he was awarded military occupational specialty 91A (Medical Specialist). The highest rank/grade held was specialist four/E-4.
3. He was released from active duty on 9 October 1986. His DD Form 214, as amended by a DD Form 215 (Correction of DD Form 214), shows he completed 2 years, 11 months, and 28 days of net active creditable service. Also on his
DD Form 214:
a. Item 7 (Last Duty Assignment and Major Command) states D Company, 2nd Medical Battalion, Eighth U.S. Army.
b. Item 12f (Foreign Service ) shows 1 year and 28 days.
c. He was awarded or authorized:
* Army Service Ribbon
* Army Achievement Medal (3rd Oak Leaf Cluster)
* Good Conduct Medal
* Overseas Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
4. His records are void of any orders showing assignment to Korea; however, they do contain the order which reassigned him from Company D, 2nd Medical Battalion, 2nd Infantry Division (Korea) to the U.S. Army Transfer Point, Oakland Army Base, CA. His date of relief from active duty is shown as being not later than 11 October 1986.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. His records do not contain orders showing his assignment to Korea.
* there are orders showing he was reassigned from Korea to the U.S. Army Transfer Point at Oakland Army Base, reporting not later than 11 October 1986
* his DD Form 214 shows his date of release from active duty as 9 October 1986
* item 12f shows his foreign service as being 1 year and 28 days
* using his release date and the length of his foreign service, it appears he served in Korea from on or about 12 September 1985 to on or about 9 October 1986
2. The evidence clearly shows he served in Korea and has qualifying service for award of the Korea Defense Service Medal. 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 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 amending his DD Form 214 for the period ending 9 October 1986 to show 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) AR20140018609
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ABCMR Record of Proceedings (cont) AR20140018609
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