RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060015795


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 award of Korean Service Medal, the Joint Service
Commendation Medal, and any other medals he may be authorized be added to
his DD Form 214.

2.  The applicant states, in effect, that the Korean Service Medal and the
Joint Service Commendation Medal were awarded after he was discharged from
active duty

3.  The applicant provides a copy of his DD Form 214, a Joint Service
Commendation Medal certificate, and the citation for the Joint Service
Commendation Medal in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 November 2000.  The application submitted in this case is dated 31
October 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's available record shows he enlisted in the Army on 9
June 1989.  He completed basic combat training and advanced individual
training and was awarded the military occupational specialty (MOS) 75B
(Personnel Administration Specialist).  The highest rank he attained while
serving on active duty was Sergeant (SGT).

4.  On 5 November 2000, the applicant was honorably released from active
duty after completing a total of 11 years, 4 months, and 27 days of active
military service.  The DD Form 214, he was issued shows he earned the
following awards during his active duty tenure:  the Army Commendation
Medal, the Joint Service Achievement Medal, the Army Achievement Medal (3rd
award), the Good Conduct Medal (3rd award), the National Defense Service
Medal, the Noncommissioned Officer’s Professional Development Ribbon, the
Army Service Ribbon, the Army Lapel Button, the NATO Medal, the Overseas
Service Ribbon (2nd award), the Expert Marksmanship Qualification Badge
with Pistol Bar, and the Driver and Mechanic Badge with Driver-W Bar.

5.  Section G1.6 (Fourth Previous Assignment) of Section G (Assignment
History) of the applicant’s Enlisted Record Brief (ERB) shows that the
applicant was assigned to the 4th Battalion, 58th Aviation Regiment,
Republic of Korea from 1 November 1989 through 18 November 1990.

6.  Army Regulation 600-8-22 provides for award of the Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and 27 July 1954.

7.  The Joint Service Commendation Medal was authorized by the Secretary of
Defense on 25 June 1963.  It is awarded in the name of the Secretary of
Defense to members of the Armed Forces of the United States who, while
assigned to a joint activity after 1 January 1963, distinguished themselves
by meritorious achievement or service.  In accordance with Deputy Secretary
of Defense Memorandum, "Combat Distinguishing Device for the Joint Service
Commendation Medal," dated 29 November 1965, the "V" Device was authorized
for wear by all services for acts or service involving direct participation
in combat operations on or after 25 June 1963.

8.  A review of the applicant’s records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states that 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 area of eligibility and period
of eligibility are as follows:
      (1)  the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles; and
      (2)  all air spaces above the land and water area.
The period of eligibility is 28 July 1954 to a date to be determined by the
Secretary of Defense.  Service members must have been assigned, attached,
or mobilized to units operating in the area of eligibility for 30
consecutive or for 60 nonconsecutive days, or meet the following criteria:

      (1)  be engaged in combat during an armed engagement, regardless of
the time in the area of eligibility;
      (2)  wounded or injured in the line of duty and required medical
evacuation from the area of eligibility; or
      (3)  participating as a regularly assigned air crewmember flying
sorties into, out of, or within the area of eligibility in direct support
of military operations.  Each day that one or more sorties are flown in
accordance with these criteria will count as one day toward the 30 or 60-
day requirement, and personnel who serve in operations and exercises
conducted in the area of eligibility are considered eligible for the award
as long as the basic time criteria is met.  Due to the extensive time
period for Korea Defense Service Medal eligibility, the nonconsecutive
service period for eligibility remains cumulative throughout the entire
period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Joint Service
Commendation Medal and the Korean Service Medal.

2.  By regulation, in order to qualify for the Korean Service Medal, a
member must have served a qualifying period of service in the theater of
operations between 27 June 1950 and 27 July 1954.

3.  There is no evidence nor has the applicant provided any evidence to
show that he served in the theater of operations during the qualifying
period for award of the Korean Service Medal.  Therefore, he is not
entitled to correction of his records to show this award.

4.  Evidence shows that the applicant was awarded the Joint Service
Commendation Medal for the period February 1997 through November 2000.
Therefore, he is entitled to correction of his records to show this award.

5.  Records show that the applicant was assigned to the 4th Battalion, 58th
Aviation Regiment, Republic of Korea during the period of 1 November 1989
through 18 November 1990.  Therefore, he is entitled to award of the Korea
Defense Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 November 2000.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 November 2003.  However, he failed to file within the 3-year statue of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WDP_  ___WFC_  ___DED_  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
JSCM and the KDSM.

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
award of the KSM.




                            ____William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015795                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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