IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001407
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 National Defense Service Medal and the Korea Defense Service Medal.
2. The applicant states he should have received the National Defense Service Medal and the Korea Defense Service Medal for his service during the periods of eligibility.
3. The applicant provides his DD Forms 214 for the periods ending 29 June 1989 and 10 August 1992.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 2 November 1983. Following the completion of his initial entry training, he was awarded military occupational specialty 77W (Water Treatment Specialist). The highest rank/grade he attained while serving on active duty was sergeant/E-5.
3. Item 5 (Foreign Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in the Republic of Korea from 1 August 1990 through 16 September 1991.
4. The applicant was honorably discharged from the Army on 10 August 1992. His DD Form 214 shows he was awarded or authorized the:
* Army Achievement Medal
* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 1
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
b. The Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003. It 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 evidence of record shows the applicant completed a qualifying period of service for award of the National Defense Service Medal and the Korea Defense Service Medal. Neither of these service medals is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.
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 National Defense Service Medal and the Korea Defense Service Medal to his DD Form 214.
__________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) AR20080016060
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ABCMR Record of Proceedings (cont) AR20150001407
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