IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110025237 


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 (Report of Separation from Active Duty) for the period ending 7 July 1978 to show the Korea Defense Service Medal.

2.  The applicant states this award was authorized after he left the military.

3.  The applicant provides his DD Form 214 for the period ending 7 July 1978.

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.  Having had prior service, the applicant enlisted in the Regular Army on 2 April 1970 and held military occupational specialties 24D (Hawk Missile and Launcher Mechanic) and 63B (Wheel Vehicle Mechanic). 
3.  He was honorably discharged on 14 March 1972 for the purpose of immediate reenlistment and he was issued a DD Form 214 that captured this period of active service.  

4.  He executed a 6-year reenlistment on 15 March 1972.  He completed several periods of foreign service, including Korea from 8 July 1971 to 7 August 1972 and 17 October 1974 to 16 May 1976.  

5.  He was discharged from active duty on 7 July 1978.  His final DD Form 214 does not show the Korea Defense Service Medal. 

6.  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.  Only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

The applicant's service in Korea from July 1971 to August 1972 and October 1974 to May 1976 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

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 for the period ending 7 July 1978 the Korea Defense Service Medal.



      _______ _   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)                                         AR20110025237



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ABCMR Record of Proceedings (cont)                                         AR20110025237



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