IN THE CASE OF: BOARD DATE: 24 August 2010 DOCKET NUMBER: AR20100009051 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 that the Drill Sergeant Identification Badge and all of the additional overseas awards that were approved after he retired be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states the Drill Sergeant Identification Badge is not shown on his DD Form 214. The Korean service awards that were approved after his retirement should also be added. 3. The applicant provides copies of the orders for his Drill Sergeant Identification Badge. 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 continuous active duty in the Regular Army from 9 March 1966 to 30 September 1987 until he retired as a master sergeant, pay grade E-8. 3. Army Training Center and Fort Jackson, South Carolina Permanent Orders Number 20-4, dated 10 August 1976, awarded him the Drill Sergeant Identification Badge. 4. He served in Korea from January to October 1981. 5. Army Regulation 600-8-22 (Military Awards) states 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. 6. The regulation also states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the Drill Sergeant Identification Badge and all Korean service awards should be added to his DD Form 214 2. He was awarded the Drill Sergeant Identification Badge by official orders. He is also authorized the Korea Defense Service Medal. These awards should be added to his final DD Form 214. 3. The Republic of Korea War Service Medal was authorized for a period of service before the applicant entered active duty. Therefore, he is not eligible for this medal. 4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ____X___ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Drill Sergeant Identification Badge and the Korea Defense Service Medal to the awards already listed on his final DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of that portion of the application that pertains to award of the Republic of Korea War 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) AR20100009082 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100009051 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1