IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150014226 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: 6 September 2016 DOCKET NUMBER: AR20150014226 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 25 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. IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150014226 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, correction of his DD Form 214 (Report of Separation from Active Duty), dated 25 July 1978, to show all his awards and decorations. 2. The applicant states he served in the U.S. Marine Corps from November 1967 to 16 January 1968. He then served in the Regular Army from 1 January 1971 to 25 July 1978. During this period, he was awarded multiple awards and decorations. When he was discharged from the Army in 1978, several of his awards and decorations were not listed. He feels an audit and review of his records is needed. 3. The applicant provides: * Certificate of Military Service * DD Form 214 * Honorable Discharge Certificate 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's U.S. Marine Corps DD Form 214 shows he enlisted on 5 December 1967 and he was honorably discharged on 16 January 1968. It also shows he was awarded the National Defense Service Medal. 3. He enlisted in the RA on 20 January 1971 and he held military occupational specialties 44E (Machinist) and/or 67N (Utility Helicopter Repairer). He was honorably discharged on 26 March 1973. 4. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his first enlistment is not available for review with this case. However, he provides a Certification of Military Service confirming his honorable service from 20 January 1971 to 26 March 1973. 5. He served in Korea from 30 May 1972 to 26 June 1974. While in Korea, he reenlisted in the RA on 27 March 1973. He then served at Aberdeen Proving Ground, MD, and again in Korea from 16 October 1977 to 24 July 1978. 6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) listed two awards of the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). His records do not contain any award recommendations or General/ Permanent Orders awarding him any individual awards. 7. He was honorably discharged from active duty on 25 July 1978 by reason of disability. His DD Form 214 shows he was awarded or authorized the: * Good Conduct Medal (2nd Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION: 1. The applicant served in Korea from May 1972 to June 1974 and from October 1977 to July 1978, either of which qualifies for an award of the Korea Defense Service Medal. This award is not shown on his DD Form 214. 2. There is no evidence in his record indicating he was authorized any additional awards or decorations. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014226 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014226 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2