IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150004520 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 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 February 1990 to show he served in Korea from 1987 to 1988 and that he was awarded the Korea Defense Service Medal (KDSM). He also requests that the medal be issued to him. 2. The applicant states, in effect, that award of the KDSM was authorized after his discharge. He was made aware that he qualified for this award in 2014. 3. The applicant provides: * DD Forms 214 * Email from the U.S Army Tank and Automotive Command Veteran Medals Team dated 23 February 2015 * Army Achievement Medal (AAM) Certificate dated 20 June 1988 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. On 19 February 1987, he enlisted in the Regular Army. He completed basic training and was awarded military occupational specialty 76V (Material Storage and Handling Specialist). 3. His DA Form 2-1 (Personnel Qualification Record) shows: * item 5 (Oversea Service) he served in Korea from 29 June 1987 – 25 June 1988. There are no further entries for overseas service. * Item 35 (Record of Assignments) – he served with: o Headquarters and Attachment, 702nd Maintenance (MT) Battalion, 2nd Infantry Division, Korea from 3 July 1987 to 11 July 1987 o Company C, 702nd MT Battalion, 2nd Infantry Division, Korea from 12 July 1987 to 24 June 1988 4. On 18 February 1990, he was honorably discharged. He completed 3 years of active duty service. His DD Form 214 does not list the KDSM. 5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The KDSM is authorized for award 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 applicant's service in Korea after 28 July 1954 meets the criteria for the KDSM. 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 KDSM to his DD Form 214 with a separation date of 18 February 1990 and issuing the medal to him. ___________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) AR20150002264 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004520 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1