IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012484 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 IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012484 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 Korea Defense Service Medal to his DD Form 214 for the period ending 31 January 2001 and issuing him the medal set. __________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. IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012484 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, in effect, correction of his records to show award of the Korea Defense Service Medal (KDSM) and issuance of the medal set. 2. The applicant states he served four overseas tours in Korea in 1976, 1981, 1990, and 1993 and he never received an award for this service. 3. The applicant provides copies of the following documents: * two Officer Record Briefs (ORB) issued 11 June 1999 and 7 March 2000 * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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’s military record shows that after having prior Reserve component and active duty service from 10 March 1970 through 28 May 1986, he last entered active duty as a commissioned officer in the rank of major (MAJ) on 29 May 1986. He held and served in area of concentration 63A (Dentistry). 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea from 21 August 1976 to 15 August 1977 and 6 August 1979 to 1 December 1981. His ORB issued on 7 March 2000 shows he completed four tours in Korea ending during the following months as indicated: * August 1977 (12 months) * December 1981 (28 months) * September 1991 (15 months) * August 1994 (12 months) 4. On 31 January 2001, the applicant retired based on sufficient length of service. The KDSM is not listed on his DD Form 214. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The KDSM is authorized 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 from 28 July 1954 to a date to be determined. Only one award of the KDSM is authorized for any individual. DISCUSSION: The KDSM is authorized for service in Korea from 28 July 1954 to a date to be determined. The evidence of record confirms the applicant completed four overseas tours in Korea as shown on his ORB dated 7 March 2000. Therefore, he is authorized one award of the KDSM and his DD Form 214 should be corrected to show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2