IN THE CASE OF:  	  

		BOARD DATE:  24 March 2015	  

		DOCKET NUMBER:  AR20140013309 


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 award of the Korea Defense Service Medal. 

2.  The applicant states due to a clerical error the medal is not included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides copies of his DD Form 214, a Unit Clearance Record, and a Statement for Enlistment.

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 4 August 1978, completed training, and was awarded the military occupational specialty 11B (Infantryman). 

3.  He served in Korea from 2 December 1978 through 28 November 1979.

4.  The applicant was honorably released from active duty on 3 August 1981.  His DD Form 214 shows his award of the Army Good Conduct Medal.

5.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal was authorized by the 2003 National Defense Authorization Act.  It is awarded to members of the Armed Forces of the United States who have 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 AND CONCLUSIONS:

The Korea Defense Service Medal was not authorized until well after the applicant was released from active duty; however, it was made retroactive to include the period the applicant served in Korea.  Therefore, it would be appropriate include the Korea Defense Service Medal on the applicant's 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 the Korea Defense Service Medal to the applicant's DD Form 214.



      ___________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)                                         AR20140013309



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ABCMR Record of Proceedings (cont)                                         AR20140013309



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