BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011648 BOARD VOTE: ____x_____ ___x____ __x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011648 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 the Korea Defense Service Medal to his DD Form 214 for the period ending 17 July 1961. __________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. BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011648 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Korea Defense Service Medal (KDSM). 2. The applicant states his military records show he served in the Regular Army (RA) from 15 July 1958 to 15 August 1964. He served approximately 16 months in Korea and over 2 years in Germany. It was determined that he did not meet the criteria for the Overseas Service Ribbon, however, he believes that he meets the eligibility criteria for the KDSM. 3. The applicant provides internet information pertaining to the eligibility criteria for the KDSM. 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 RA on 15 July 1958. 3. His DA Form 20 (Enlisted Qualification Record) shows item 31 (Foreign Service), he served in Korea from 20 December 1958 to 8 February 1960. 4. On 17 July 1961, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). 5. His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), shows in item 26 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Army Good Conduct Medal (AGCM). 6. On 21 August 1961, he again enlisted in the RA. He was honorably discharged on 5 August 1964. His DD Form 214 shows in item 26 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and Pistol Bar (.45 caliber). REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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: The applicant's service in Korea from 20 December 1958 to 8 February 1960 qualifies him for the award of the KDSM. This medal is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011648 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011648 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2