IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150002342
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 National Defense Service Medal and the Korean Defense Service Medal.
2. The applicant states he served in Korea along the demilitarized zone (DMZ) for over a year and would like his DD Form 214 (Report of Transfer or Discharge) corrected to show award of the National Defense Service Medal and the Korean Defense Service Medal.
3. The applicant provides a copy of his DD Form 214.
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from document provided by the applicant.
3. The DD Form 214 provides the following
* advancement to specialist 4 (E-4)
* honorable service from 7 August 1962 through 6 August 1965
* assignment to the 21st Ordnance Company (Direct Support), Third Army
* 1 year and 20 days of foreign service in the U.S. Army Pacific (USARPAC)
* award of the Marksman Marksmanship Qualification Badge with Rifle Bar
4. A review of the 21st Ordnance Company's history shows it was stationed in Korea during the period the applicant was assigned to it.
5. Army Regulation 600-8-22 (Military Awards) provides that:
a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 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 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. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days
DISCUSSION AND CONCLUSIONS:
The applicant is shown to have served in Korea during the period for which the National Defense Service Medal and the Korea Defense Service Medal are authorized. It would be appropriate to add these medals to his DD Form 214.
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) AR20150002342
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ABCMR Record of Proceedings (cont) AR20150002342
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