IN THE CASE OF:	  

		BOARD DATE:	    12 June 2012

		DOCKET NUMBER:  AR20110024831 


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, award of the Korea Defense Service Medal   (KDSM) for service in the Republic of Korea (ROK) between the period      January 1962 and February 1963.

2.  The applicant states without medals or evidence of service, he is not eligible for membership in veterans organizations.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders Number 3, issued by Headquarters, 4th Missile Battalion, 44th Artillery

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 7 June 1960.  His records show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 179.10 (Air Defense Fire Control Missile Crewman).  He was stationed in the ROK from 28 February 1962 to 27 March 1963.  

3.  The applicant’s DD Form 214 shows the following awards:

* Marksman Marksmanship Qualification Badge (Missile)
* Sharpshooter Marksmanship Qualification Badge (Carbine)

4.  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 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.  Based on his service in Korea, the applicant is eligible for the KDSM.  Therefore, it would be appropriate to add this award to his record and his         DD Form 214.

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)                                         AR20110024831



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ABCMR Record of Proceedings (cont)                                         AR20110024831



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