IN THE CASE OF: BOARD DATE: 7 May 2009 DOCKET NUMBER: AR20090003098 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, in effect, award of the Korea Defense Service Medal (KDSM). 2. The applicant states, in effect, that KDSM was authorized subsequent to his release from active duty to recognize service in Korea and he completed tours in Korea in 1962 and 1972. 3. The applicant provides no documentary evidence in support of his application. 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 military records show he was commissioned a second lieutenant (2LT) in the Medical Service Corps and entered active duty on 7 June 1959. He was trained in, awarded, and served in specialties 67A (Health Care Administrator), 67J (Aero-Medical Evacuation Officer), 67C (Health Services Comptroller), and 67G (Health Services Manpower Control Officer). 3. The applicant’s DA Form 2-1 (Personnel Qualification Record) includes two entries in Item 5 (Overseas Service), which show he served in Korea for 16 months from 22 October 1960 to 20 February 1962 and for 12 months from 25 July 1971 through 18 July 1972. 4. The applicant’s record contains Headquarters, United States Army Vietnam (USARV) Letter, dated 8 September 1968, which authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross (RVNGC) with Silver Star. 5. On 31 March 1988, the applicant was honorably retired from active duty, in the rank of colonel. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued upon his retirement shows he completed a total of 28 years, 9 months, and 24 days of creditable active military service. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure: National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, RVNGC with Palm Unit Citation, Bronze Star Medal, RVN Campaign Medal with Device 1960, Army Commendation Medal, Meritorious Service Medal (5th Award), Legion of Merit, Air Medal (10th Award), Master Army Aviator Badge, Meritorious Unit Commendation, Armed Forces Expeditionary Medal, Air Medal with "V" (Valor) Device, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Combat Medical Badge, and the Overseas Service Bar (2d Award). 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-20 contains the regulatory guidance pertaining to award of the KDSM. It states, in pertinent part, that it is authorized 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 from 28 July 1954 to a date to be determined. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict. Paragraph 6 states, in pertinent part, not more than one RVN Gallantry Cross will be worn by any individual. The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he is entitled to the KDSM has been carefully considered and found to have merit. The KDSM is authorized to members who served on active duty in Korea after 28 July 1954 to a date to be determined. Therefore, based on his qualifying service in Korea, it would be appropriate to add this award to his record and DD Form 214 at this time. 2. By regulation, although multiple awards of the RVNGC are not authorized for wear, official military and historical records will indicate all awards received. As a result, it would be appropriate to add the individual award of the RVNGC with Silver Star to DD Form 214 at this time. 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 amending Item 13 of his DD Form 214 by adding the Korea Defense Service Medal and the Republic of Vietnam Gallantry Cross with Silver Star. _______ _ 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) AR20090003098 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003098 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1