IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002377
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 Korea Defense Service Medal (KDSM).
2. The applicant states:
a. He served in Korea from approximately 1979 to 1980 and from 1981 to 1984 at which time there was no medal authorized to recognize and document such service.
b. This medal would qualify him for a 5-point veterans' hiring preference for Federal employment.
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. Having prior enlisted service in the Regular Army and U.S. Army Reserve, the applicant again enlisted in the Regular Army on 24 March 1981 and trained as a personnel administration specialist.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Korea during the following periods:
* 2 April 1979 through 1 March 1980
* 1 September 1982 through 24 August 1984
4. On 23 March 1985, he was honorably discharged for expiration term of service.
5. His DD Form 214 for this period shows he was awarded or authorized the:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22 (Military Awards) states 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 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 served a qualifying period for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the KDSM to his DD Form 214 for the period ending 23 March 1985.
___________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) AR20150002377
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ABCMR Record of Proceedings (cont) AR20150002377
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