IN THE CASE OF:	

		BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130011882 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal.

2.  The applicant states this award was not added to his DD Form 214 because he was released from active duty in 1998 and the award was not approved until 2001.

3.  The applicant provides:

* Detachment A, 509th Personnel Service Battalion, Orders 345-386, dated 10 December 1995
* Standard Form 600 (Chronological Record of Medical Care), dated 17 August 1995
* DD Form 214

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 enlisted in the Regular Army on 1 February 1995 and held military occupational specialty 19K (Armor Crewman).

3.  Headquarters, U.S. Army Armor Center, Fort Knox, KY, Orders 096-00065, dated 6 April 1995, ordered him to proceed on permanent change of station (PCS) to the 1st Adjutant General Replacement Detachment, Korea, with a reporting date of 7 June 1995.

4.  His records contain a DA Form 4187 (Personnel Action), dated 17 July 1995, which shows he was assigned to Company C, 2nd Battalion, 72nd Armored Regiment, Korea.

5.  He provided a Standard Form 600, dated 17 August 1995, which shows he was assigned to the 2nd Battalion, 72nd Armored Regiment, Korea.

6.  He provided Detachment A, 509th Personnel Service Battalion, 
Orders 345-386, dated 10 December 1995, which show he was assigned to Company C, 2nd Battalion, 72nd Armored Regiment, Korea, and ordered him to proceed on PCS to Fort Riley, KS, with a reporting date of 29 June 1996. 

7.  He was honorably released from active duty on 31 January 1998.  His DD Form 214 shows he completed 3 years of net active service of which 1 year was credited as foreign service.  The Korea Defense Service Medal was not listed among his awards.

8.  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 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 evidence of record shows the applicant served on active duty in Korea from around June 1995 to around June 1996, a period of 1 year.  As such, he met the criteria for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

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 award of 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)                                         AR20130011882



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ABCMR Record of Proceedings (cont)                                         AR20130011882



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