IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019308
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 Korean Service Medal (determined to mean the Korea Defense Service Medal) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 April 1997.
2. The applicant states his eligibility is based on information provided by Congress.
3. The applicant provides:
* DD Form 214
* a news release dated 9 February 2004 from the Department of Defense (DOD)
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 4 April 1977, he enlisted in the Regular Army and served continuously on active duty until his retirement.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea during the following periods:
* 5 November 1980 - 29 September 1981 assigned to the 802nd Engineer Battalion
* 23 May 1983 - 22 May 1984 assigned to 44th Engineer Battalion
* 19 February 1989 - 19 February 1990 assigned to the 44th Engineer Battalion
4. He was retired on 30 April 1997 and placed on the Retired List the following day.
5. 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 multiple tours of duty in Korea clearly show he is authorized the Korea Defense Service 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 adding the Korea Defense Service Medal to his DD Form 214 with a separation date of 30 April 1997.
_______ _ _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) AR20140019308
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ABCMR Record of Proceedings (cont) AR20140019308
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