BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003300
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 Korea Defense Service Medal.
2. The applicant states the medal was authorized after his date of separation.
3. The applicant provides no supporting documentation.
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 served on active duty from 4 October 1995 through 30 May 2000.
3. A DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Korea from 11 February 1996 through 10 February 1997 and he was assigned to 1st Battalion, 9th Infantry Division.
4. The applicant was discharged for disability with severance pay on 30 May 2000. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows 1 year, 4 months, and 1 day of foreign service. His records do not show he was authorized the Korea Defense Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is awarded as follows:
a. service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;
b. the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and all air space above the land and water areas;
c. service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
The applicant completed a qualifying period of service in Korea during the period of eligibility for the Korea 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 adding 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) AR20150003300
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ABCMR Record of Proceedings (cont) AR20150003300
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