IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20150009382 


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 he served in Korea from November 1983 to November 1984.  He was assigned to 1st Battalion, 17th Infantry, 2nd Infantry Division.  The Korea Defense Service Medal did not exist at the time.

3.  The applicant provides:

* DD Forms 214 (Certificate of Release or Discharge from Active Duty) dated 28 June 1985, 30 May 1991, and 13 December 1998
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Army Achievement Medal Certificate 
* Letter of Appreciation
* IMJIN Scout Insignia Certificate 
* Armed Forces Liberty Pass
* U.S. Government Motor Vehicle Operator's Identification Card

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's records show he enlisted in the Regular Army on 30 June 1982 and he held military occupational specialty 11H (Heavy Anti-armor Weapons Infantryman). 

3.  His DA Form 2-1 (Personnel Qualification Record), which would have listed his overseas service, is not available for review with this case.  He provides: 

	a.  Certificate, dated 30 October 1984, showing award of the Army Achievement Medal for meritorious achievement on 21 October 1984 while assigned to Company E, 1st Battalion, 17th Infantry, 2nd Infantry Division, Korea. 

	b.  Letter of Appreciation issued by the Company Commander, Headquarters Company, 1st Battalion, 17th Infantry, Korea, in appreciation of the applicant's assistance in preparing the arms room for an inspection. 

	c.  IMJIN Scout Insignia Certificate issued for service in Korea from 1 May 1984 to 15 July 1984.

	d.  Armed Forces Liberty Pass, date 26 November 1984.

	e.  U.S. Government Motor Vehicle Operator's Identification Card issued on 27 April 1984. 

4.  He was separated on 28 June 1985 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.  His DD Form 214 for this period shows he completed 2 years, 11 months, and 29 days of active service of which 1 year was foreign service.  It also shows he was awarded or authorized the: 

* Army Service Ribbon
* Overseas Service Ribbon
* Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Air Assault Badge
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with TOW Gunner Bar
5.  He enlisted in the Illinois Army National Guard (ILARNG) on 25 July 1985 and he was discharged from the ILARNG on 24 July 1988.  He was issued an NGB Form 22 that captured his ARNG service. 

6.  He enlisted in the USAR on 16 August 1990.  He entered active duty on 17 October 1990.  He was honorably discharged from active duty on 30 May 1991 and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 for this period shows he completed 7 months and 14 days of active service.  It also shows he was awarded or authorized the: 

* Army Service Ribbon
* Army Good Conduct Medal
* Air Assault Badge
* Army Achievement Medal (3rd Award)
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with TOW Gunner Bar
* National Defense Service Medal

7.  He was appointed as a Reserve commissioned officer of the Army with concurrent call to active duty and executed an oath of office on 31 May 1991.  He was promoted to captain on 1 June 1995.

8.  He resigned his commission and he was honorably released from active duty on 13 December 1998.  His DD Form 214 for this period shows he completed 7 years, 6 months, and 13 days of active service.  It also shows he was awarded or authorized the: 

* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award) 
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* Air Assault Badge 
* Senior Explosive Ordnance Disposal Badge

9.  After twice not being selected for promotion in 2002 and 2003, he was ultimately discharged from the USAR on 1 February 2004.
10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Korea Defense Service Medal 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's service in Korea from around November 1983 to around November 1984 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 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 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 to his DD Form 214 for the period ending on 13 December 1998 the Korea Defense Service Medal.



      _______ _   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)                                         AR20150009382





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ABCMR Record of Proceedings (cont)                                         AR20150009382



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