IN THE CASE OF: BOARD DATE: 20 April 2022 DOCKET NUMBER: AR20210015226 APPLICANT REQUESTS: award of the Korea Defense Service Medal (KDSM) and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 September 1994. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * D Form 149 (Application for Correction of Military Record) * DA Form 2-1 (Personnel Qualification Record – Part II) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 his military service records show he completed a 1-year tour in Korea from 1970 to 1980. Award of the KDSM allows him to join the Veterans of Foreign Wars and accurately documents his service records. 3. The applicant provides his DA Form 2-1. 4. Review of the applicant’s service records show: a. He was appointed in the U. S. Army Reserve, as a second lieutenant, on 14 June 1974. He was commissioned in the Army of the United States on 18 September 1974. b. His DA Form 2-1 shows in: * Item 5 (Overseas Service) – he served in: * Germany from 17 April 1975 to 24 May 1978 * Korea from 18 March 1979 to 19 April 1980 c. He retired in the rank of major on 30 September 1994. His DD Form 214 shows he was completed 20 years and 13 days of net active service, including 5 years and 2 months of foreign service. This form also shows he was awarded/authorized the: * Meritorious Service Medal, with 3rd Oak Leaf Cluster * Army Commendation Medal * Army Achievement Medal * Army Superior Unit Award * National Defense Service Medal, with Bronze Star * Humanitarian Service Medal * Army Service Ribbon * three Overseas Service Bars * Army Staff Identification Badge 5. By regulation Army Regulation 600-8-22 (Military Awards), the KDSM is awarded to Soldiers who have served on active duty in support of the defense of the Republic of Korea, from 28 July 1954 to a date to be determined by the Secretary of Defense. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence in the record to show the applicant served in Korea from 18 March 1979 to 19 April 1980. The Board agreed the applicant met the criteria for award of the Korea Defense Service Medal. Based on this the Board granted relief to award the Korea Defense Service Medal. 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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Korea Defense Service Medal (KDSM) 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, U.S. Code (USC), 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. 2. 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 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) AR20210015226 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1