IN THE CASE OF: BOARD DATE: 8 February 2011 DOCKET NUMBER: AR20100018961 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 all awards for his service in Korea and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. He states the awards for his service in Korea were accidentally omitted from his DD Form 214. 3. He provides no additional evidence. 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 records show he enlisted in the Regular Army in pay grade E-1 on 5 April 1962 for 3 years. He completed training and was awarded military occupational specialty 461 (Textile Repairman). He served in Korea from 28 September 1962 through 2 November 1963 while assigned to Company B, 13th Quartermaster Battalion. 3. He was honorably released from active duty in pay grade E-4 on 2 April 1965 at the expiration of his term of service and he was transferred the U.S. Army Reserve Control Group. 4. Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following: Army Good Conduct Medal, letter of appreciation, and Expert Marksmanship Qualification Badge with Rifle Bar. 5. 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 6. Army Regulation 600-8-22 further states the National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The evidence shows the applicant completed a qualifying period of service in Korea for the Korea Defense Service Medal. Therefore, it would be appropriate to add this medal to his DD Form 214 at this time. 2. The evidence also shows he met the criteria for the National Defense Service Medal for his honorable service from 5 April 1962 to 2 April 1965. Therefore, he is also entitled to have his records corrected to show this medal on his DD Form 214. 3. In view of the foregoing, his records should be corrected as recommended below. 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 Korea Defense Service Medal and National Defense Service Medal to his DD Form 214 and providing him a corrected separation document showing these medals. ____________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) AR20100018961 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1