ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20170015547 APPLICANT REQUESTS: * a review of his records to determine his eligibility for the Korea Defense Service Medal * if eligible, request issuance of the medal and a correction of his discharge document APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Force of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings. 3. The applicant states, per section 543, National Defense Authorization Act, 2003, The Korea Defense Service Medal was 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 for the period of service from 28 July 1954 to a date to be determined by the Secretary of Defense. He served in Korea for a period of 16 months during 1957 to 1958 and was never awarded the medal upon his return from Korea or at the time of his discharge from the military. 4. He enlisted in the Regular Army on 7 September 1956. 5. He was honorably discharged on 24 June 1958. His DD Form 214 shows his foreign and/or sea service as 1 year, 4 months, and 9 days. However, it does not specify where this Foreign Service was performed. 6. His DD Form 214 shows his last duty assignment and major command as Headquarters Battery 10th Artillery BT Army Post Office (APO) 970. APO 970 was associated with Army installations assigned to Korea. 7. The Department of the Army Lineage and Honors shows the Headquarters and Headquarters Battery, 10th Army Air and Missile Defense Command re-designated on 20 March 1958 as Headquarters and Headquarters Battery, 10th Artillery Group and inactivated on 25 January 1959 while in Korea. BOARD DISCUSSION: After reviewing the application and all evidence provided, the Board found relief was warranted. The applicant’s contentions were carefully considered. His record shows he was assigned to Korea, which authorized him to be awarded the KDSM; however, his DD Form 214 does not reflect he was awarded the medal. The Board agreed to add the award to his separation document. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? 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 for the period ending 24 June 1958. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards), prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2-20 (Korea Defense Service Medal) specifies, is authorized for award to service 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015547 2 1