IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130017236 


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 the Korea Defense Service Medal (KDSM).

2.  The applicant states he served in South Korea for 1 year, 1 month, and 3 days from 1998 through 1999.  He states the KDSM was created in 2002 and was retroactive to the end of the Korean War and is granted to any service performed after July 28, 1954. He states to qualify for the KDSM; a Service Member must have served at least thirty consecutive days in the Korean Theater.

3.  The applicant further states with over a year of service in Korea, he qualified but was not given the KDSM because it was not created yet.

4.  The applicant provides a copy of his 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 10 January 1996 and was trained in and awarded military occupational specialty 92G (Food Service Specialist).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  Item 5 (Oversea Service) of the applicant’s Personnel Qualification Record (PQR) shows he served in the Far East Pacific Area (FEPA) – Korea during the period 7 December 1997 to 9 January 1999.

4.  The applicant’s DD Form 214 shows he was honorably released from active duty on 9 January 1999.  

5.  The applicant‘s DD form 214 shows the following awards:

* Army Achievement Medal (AAM) (1st OLC)
* Army Good Conduct Medal
* Overseas Service Ribbon
* National Defense Service Medal
* Sharpshooter Marksmanship Badge (Rifle M-16)
* Sharpshooter Marksmanship Badge (Grenade)
* Air Assault Badge

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 (ROK).  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award of the KDSM has been carefully considered, and found to have merit.  

2.  The applicant served a qualifying period of service for award of the KDSM.  Therefore, he 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 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 the KDSM. 




      _______ _   _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)                                         AR20130017236



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ABCMR Record of Proceedings (cont)                                         AR20130017236



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