BOARD DATE: 22 March 2018 DOCKET NUMBER: AR20160012149 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 BOARD DATE: 22 March 2018 DOCKET NUMBER: AR20160012149 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 the Korea Defense Service Medal to his 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. BOARD DATE: 22 March 2018 DOCKET NUMBER: AR20160012149 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 (KDSM). 2. The applicant states he served in Korea from February 2000 through February 2001. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 004-140 dated 4 January 2000 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 20 September 1999. 3. Item 18 (Remarks) of his DD Form 214 shows he served in Bosnia for the period 15 September 2001 through 22 March 2002 (a period of 6 months and 8 days). 4. On 25 August 2002, he was honorably released from active duty to attend school. His DD Form 214 shows he completed 2 years, 11 months and 6 days of net active service with 11 months and 28 days foreign service. He was awarded or authorized the: * North Atlantic Treaty Organization Medal * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Lapel Button 5. The applicant provides a copy of Orders 004-140, issued by Headquarters, U.S. Army Infantry Center on 4 January 2000, which shows he was ordered to proceed on a permanent change of station (PCS) from Fort Benning, GA to the 1st Adjutant General Replacement Detachment, Korea on 19 February 2000. 6. An analyst from the ABCMR contacted a member of the Defense Finance and Accounting Service (DFAS) in order to confirm the applicant's service in Korea. DFAS was unable to verify the applicant's service in Korea. In addition, the applicant's Official Military Personnel File (OMPF) does not contain evidence of service in Korea. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the KDSM was established by the National Defense Authorization Act of 2003, Public Law 107-314. It 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. The criteria for this award is a Soldier must have been assigned, attached or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days. 2. Army Regulation 15-185 (ABCMR), paragraph 2-5 states, the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's claim of entitlement to the KDSM has been carefully considered based on the evidence at hand and provided by the applicant. 2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. 3. In this case, the applicant's OMPF does not contain evidence of service in Korea and DFAS was unable to confirm the claimed service. The orders provided by the applicant show he was scheduled to PCS to Korea; however, there is no available evidence in his OMPF and he provides no evidence which shows he executed the PCS and served in Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012149 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012149 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2