IN THE CASE OF: BOARD DATE: 11 September 2012 DOCKET NUMBER: AR20120005337 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 (KDSM) and Special Forces (SF) Tab. 2. He states the KDSM was not available when he was discharged. He was assigned to the 1st Battalion, 32nd Infantry, 2nd Infantry Division, at Camp Howze, Korea, from May 1976 to April 1977. His service in Korea is documented on his DD Form 214 (Report of Separation from Active Duty). He states he completed the Special Forces Qualification Course on 4 April 1978 and special qualification identifier (SQI) "S" was added to his military occupational specialty (MOS) code. 3. He provides his DD Form 214 and a DA Form 1059 (Service School Academic Evaluation Report). 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. On 13 March 1974, the applicant enlisted in the Regular Army. His record shows he was trained in and awarded MOS 11B (Infantryman) and served in this MOS throughout his military service. 3. His enlisted evaluation reports for periods ending August 1976 and April 1977 show he served in Korea. 4. A DA Form 1059, dated 5 June 1978, shows he completed the SF Qualification Course at the SF School, U.S. Army Institute for Military Assistance (USAIMA), Fort Bragg, NC. 5. On 12 March 1979, he was honorably released from active duty after completing 5 years of total active service. His DD Form 214 shows in: * item 16a (Primary Specialty Number and Title) – "11B1S – Infantryman 740705/None" * item 18f (Foreign and/or Sea Service this Period) – 11 months and 20 days * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Parachutist Badge * Expert Marksmanship Qualification Badge (M-16 Rifle) * item 27 (Remarks) – "Item 18f: Korea 760503-770422" 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. 7. Army Regulation 600-8-22 states the SF Tab may be awarded to any person meeting one of the following criteria: * successful completion of U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWCS) (previously known as USAIMA) approved Active Army institutional training leading to SF qualification * successful completion of a USAJFKSWCS approved Reserve Component SF qualification program * successful completion of an authorized unit-administered SF qualification program 8. Army Regulation 600-8-22 states that for Active Component institutional training, the SF Tab may be awarded to all personnel who: a. successfully completed the SF Qualification Course or SF Detachment Officer Qualification Course (previously known as the SF Officer Course). These courses are/were conducted by the USAJFKSWC; or b. prior to 1 January 1988, successfully completed the then-approved program of instruction for SF qualification in an SF group, who were subsequently awarded SQI "S" in career management field 18 (enlisted) or SQI "3" in functional area  8 (officer) by competent authority. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Korea for 11 months and 20 days. Based on this service he is entitled to correction of his DD Form 214 to show the KDSM and issuance of the award. 2. He completed the SF Qualification Course at the USAIMA. Therefore, he is entitled to correction of his DD Form 214 to show the SF Tab and issuance of the tab. 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 the KDSM and SF Tab to his DD Form 214 and issuing him the KDSM and SF Tab. _____________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) AR20120005337 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005337 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1