IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020845
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 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal and a second award of the National Defense Service Medal.
2. The applicant states he served on active duty as an enlisted Soldier from August 1972 to August 1975. He then served on active duty as a commissioned officer from October 1987 to October 1990.
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty) ending on 22 August 1975 and his second DD Form 214 ending on 20 October 1990.
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's records show he enlisted in the Regular Army on 25 August 1972 and he held military occupational specialty 13B (Field Artillery Crewman). He served in Korea from on or about 14 January 1973 to on or about 25 January 1974.
3. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 22 August 1975 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. His enlisted DD Form 214 shows he completed 2 years, 11 months, and 28 days of active service. It also shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Armed Forces Expeditionary Medal
5. After a break in service, he enlisted in the Army National Guard (ARNG) on 28 May 1980. He was separated from the ARNG on 1 April 1981.
6. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 4 September 1987. He entered active duty on 21 October 1987. He was promoted to captain on 1 May 1989.
7. He was honorably released from active duty on 20 October 1990 upon completion of his required active service. His commissioned officer DD Form 214 shows he completed 3 years of active service. It also shows he was awarded or authorized the:
* Army Service Ribbon
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Lapel Button
* Armed Forces Expeditionary Medal
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service in Korea from around January 1973 to January 1974 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.
2. The applicant served during two periods of service during which the National Defense Service Medal was authorized. He served on active duty in an enlisted status from August 1972 to August 1975 and he also served on active duty as a commissioned officer from October 1987 to October 1990. Therefore, his DD Form 214 should be corrected to show two awards of the National 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:
* deleting from his DD Form 214 ending on 20 October 1990 the National Defense Service Medal
*
adding to his DD Form 214 ending on 20 October 1990 the Korea Defense Service Medal and the National Defense Service Medal (2nd Award)
_______ _ 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) AR20140020845
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ABCMR Record of Proceedings (cont) AR20140020845
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