IN THE CASE OF:  

		BOARD DATE:  30 August 2016

		DOCKET NUMBER:  AR20150013132


BOARD VOTE:

___x_____  __x____  ___x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  30 August 2016

		DOCKET NUMBER:  AR20150013132


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 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.


		IN THE CASE OF:  

		BOARD DATE:  30 August 2016

		DOCKET NUMBER:  AR20150013132


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) to show the Korea Defense Service Medal.

2.  The applicant states he served in the Republic of Korea from 1984 to 1985, 1989 to 1993, and 1997 to 2000.  The original request for the award was submitted to the Office of Personnel Management for an adjustment of his overseas service time for a civilian grade status.  This request was never forwarded to the proper organization for action.  

3.  The applicant provides his DD Form 214 and a Korea Defense Service Medal information paper.

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 the cases 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.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 9 November 1979.  He entered active duty on 22 February 1982.  He was appointed in the USAR, as a second lieutenant, on 28 May 1983 and continued on active duty.  

3.  His Officer Record Brief shows he served in Korea:

* from July 1984 to September 1985
* from 11 August 1989 to about September 1993
* from 24 January 1997 to April 2000

4.  He was retired on 30 April 2000 after completing over 20 years of service.  His DD Form 214 lists the:

* Meritorious Service Medal (3rd Award)
* Army Commendation Medal (4th Award)
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 4

REFERENCES:

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Korea Defense Service Medal 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:

The applicant's service in Korea after 28 July 1954 meets the criteria for the Korea Defense Service Medal. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150013132



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150013132



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2