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ARMY | BCMR | CY2005 | 20050009980C070206
Original file (20050009980C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            16 MAY 2006
      DOCKET NUMBER:   AR20050009980


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in two applications, that he be awarded the
Korea Defense Service Medal (KDSM) and that his records be corrected to
reflect his service in Iraq during combat operations.

2.  The applicant states, in effect, that he served two periods of
temporary duty (TDY) in South Korea that totaled in excess of 60 days and
should have been awarded the KDSM.  He goes on to state that his records
also do not reflect his presence in Iraq during combat operations.

3.  The applicant provides copies of his TDY orders to Korea in August and
October 2000 for a total of 68 days, a letter from a commissioned officer
in Korea to his commander at Fort Hood regarding his two TDY assignments to
Korea, a copy of an Army Commendation Medal (ARCOM) for meritorious service
while assigned to Camp Doha, Kuwait, during the period of 19 March to 31
May 2003, in support of Operation Iraqi Freedom, and a letter from a
commissioned officer indicating that the applicant accompanied him on two
separate road movements through the Iraqi Combat zone during the period of
13 – 26 May 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 June 1999 for a period
of 4 years and training as an intelligence analyst.  He completed his
training and was assigned to Fort Hood, Texas.

2.  On 11 August 2000, he went TDY to Korea in support of Exercise Ulchi
Focus Lens 2000 for a period of 37 days.  He again returned to Korea on 15
October 2000 for a period of 31 days in support of Exercise Foal Eagle
2000.

3.  While it is difficult at best to determine where the applicant served
at any given time based on the available records, it appears that he served
in Southwest Asia (SWA) in support of Operation Enduring Freedom and
Operation Iraqi Freedom from 19 June 2002 to 11 October 2003.

4.  The supporting statement from the commissioned officer indicates that
the applicant served briefly in Iraq during the period of 13 through 26 May
2003, in which he participated in two separate road movements through Iraq.
 It does not specify or clarify that the applicant was in Iraq during the
entire period.


5.  The applicant was honorably released from active duty on 30 November
2003 due to completion of required service.  His report of separation (DD
Form 214) reflects his service in SWA from June 2002 to October 2003.
However, it does not reflect any service in Iraq during the period of 13 –
26 May 2003.

6.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) 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 areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

7.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
the extensive time period for the Korea Defense Service Medal eligibility,
the non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served approximately 68 days of TDY in South Korea during
two periods in 2000.  Accordingly, he is entitled to be awarded the KDSM
and to have it entered in his records.

2.  While the applicant may have served briefly in Iraq, there is
insufficient evidence available to determine the exact periods he served.
Therefore, absent such evidence to establish the exact dates he served in
Iraq, it would not be appropriate to make such an entry on his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___BI ___  ___FJ___  __LD ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by awarding him the KDSM and by adding it to his
records.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing his service in Iraq on his DD Form 214.




                                  ______Bernard Ingold______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009980                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060516                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20031130                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 4                        |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/KDSM                                 |
|1.107.0000              |                                        |
|2.110.0000              |189/CORR 214                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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