ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170015399 APPLICANT REQUESTS: the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 31 October 1993: * Korea Defense Service Medal * Republic of Korea Presidential Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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. The applicant states: a. the Republic of Korea Presidential Unit Citation was based on three 2nd Infantry Division accomplishments: (1) support of Korea for over 60 years; (2) the training conducted with the Republic of Korea military; and (3) the Dongducheon flood support in July 2011. b. neither of these awards were entered into his records. He retired from the U.S. Army in 1993 but he just recently discovered the error. 3. The applicant's request for the Korea Defense Service Medal is supported by sufficient evidence; therefore, it will be administratively corrected and not considered by the Board. The Board will consider his request for correction of his DD Form 214 with an effective date of 31 October 1993 to show the Republic of Korea Presidential Unit Citation. 1. 4. After having prior service, the applicant enlisted in the Regular Army on 11 December 1974. He continued to serve on active duty through reenlistments. 5. His DA Form 2-1 (Personnel Qualification Record - Part II) shows: * item 5 (Oversea Service) - he served in Korea from 19 November 1975 to 18 December 1976 and from 22 October 1990 to 3 March 1992 * item 9 (Awards, Decorations and Campaigns) - no entry showing the Republic of Korea Presidential Unit Citation 6. He was retired on 31 October 1993. His DD Form 214 with an effective date of 31 October 1993 does not show the Republic of Korea Presidential Unit Citation. 7. A review of Department of the Army General Orders failed to locate orders confirming award of the Republic of Korea Presidential Unit Citation to any units to which the applicant was assigned for periods coinciding with his assignment. 8. Army Regulation 699-8-22 (Military Awards) states foreign unit decorations will be confirmed in Department of the Army General Orders. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon documentary evidence within the service record and provided by the applicant showing his service in Korea, the Board recommended granting that portion of the request relating to the Korean Defense Service Medal. However, based upon the review of HQDA General Orders failing to confirm the awarding of the Republic of Korea Presidental Unit Citation to any unit in which the applicant served, the Board recommended denying that portion of the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X: X X 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the the Korea Defense Service Medal (KDSM). 4/3/2019 X CHAIRPERSON Signed by 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he is authorized an additional award not listed on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 31 October 1993 by adding the Korea Defense Service Medal. 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 699-8-22 (Military Awards) states: a. Foreign unit decorations may be accepted only if all the following conditions are met: * The decoration is tendered by a friendly foreign nation for heroism or exceptionally meritorious service in direct support of military operations * The decoration is one that is conferred by the national government of the foreign country upon units of its own armed forces * The unit is cited by name in orders of the national government of the foreign country b. The U.S. Army Human Resources Command will take final action on acceptance of foreign unit decorations for headquarters and headquarters companies of divisions and higher or comparable units. Foreign unit decorations will be confirmed in Department of the Army General Orders. c. The Republic of Korea Presidential Unit Citation is awarded by the Korean government. No more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized. Paragraph 9-4(b) states *