IN THE CASE OF:
BOARD DATE: 11 August 2015
DOCKET NUMBER: AR20150000810
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 award of the:
* Korean Service Medal (KSM)
* Korea Defense Service Medal (KDSM)
* Overseas Service Ribbon (OSR)
2. The applicant states he did a tour of duty in the Republic of Korea (ROK) and wants his record to reflect these awards to prove his service.
3. The applicant provides no additional evidence.
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 12 May 1983, the applicant enlisted in the Regular Army. He completed his initial training as a Pershing Missile Crewmember. He attained the rank of specialist five, pay grade E-5.
3. In August 1984, the applicant completed the 14-week Officer Candidate Course.
4. On 9 August 1984, the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 show his awards as:
* Army Service Ribbon
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
5. On 10 August 1984, the applicant was appointed as a second lieutenant, Field Artillery, USAR, with immediate call to active duty.
6. On 1 December 1988, the applicant was promoted to captain, pay grade O-3.
7. On or about 1 December 1988, the applicant was assigned to Headquarters and Headquarters Battery, 2nd Division Artillery, located in the ROK. He performed duty as the assistant fire support coordinator. In November 1989, he was reassigned for duty at Schofield Barracks, Hawaii.
8. On 25 June 1992, the applicant was REFRAD. His DD Form 214 for this period of service shows his awards as:
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Air Assault Badge
* U.S. Army Lapel Button
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The KSM is awarded for qualifying service in the ROK theater of operations between 27 June 1950 and 27 July 1954.
b. The OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
c. The KDSM 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 ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was awarded the KSM, KDSM, and the OSR.
2. The evidence of record shows the applicant served in the ROK from December 1988 to November 1989. This period of overseas service authorizes him award of the OSR and the KDSM. However, it is not a qualifying period for award of the KSM.
3. In view of the above, the applicant's DD Form 214 for the period ending 25 June 1992 should be corrected to show he is authorized the KDSM and OSR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the following awards to the applicant's DD Form 214 for the period ending 25 June 1992:
* OSR
* KDSM
2. The Board further determined the evidence presented is 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.
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