RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 August 2007
DOCKET NUMBER: AR20070001437
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Paul M. Smith
Chairperson
Mr. Rodney E. Barber
Member
Mr. Rowland C. Heflin
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 the Kuwait Liberation Medal and all awards to which he is entitled be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 11 August 1997.
2. The applicant states, in effect, that he was awarded the above award after he was separated from active duty.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant had prior military service. He enlisted in the Regular Army on 16 May 1995 and was awarded military occupational specialty 11B (Infantryman).
3. Item 5 (Oversea Service) of the applicants DA Form 2-1 (Personnel Qualification Record) shows the applicant was stationed in Korea from
15 September 1995 through 7 June 1996.
4. On 11 August 1997, the applicant was discharged with a characterization of service as under other than honorable conditions after completing 5 years, 6 months, and 15 days of creditable active service.
5. On 14 March 2001, the Army Discharge Review Board (ADRB) upgraded the applicant's characterization of service to honorable and restored his rank to Specialist (SPC)/E-4. Records show that the applicant was issued a corrected DD Form 214.
6. The applicant's corrected DD Form 214 for the period ending 11 August
1997 shows he was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal with two Bronze Service Stars, the Army Service Ribbon, the Kuwait Liberation Medal Saudi Arabia, the Kuwait Liberation Medal Kuwait, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, the Parachutist Badge, and the Air Assault Badge.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Kuwait Liberation Medal Saudi Arabia and the Kuwait Liberation Medal Kuwait. These awards were already on his original DD Form 214 and carried forward to his corrected DD Form 214. A copy of the corrected DD Form 214 will be forwarded to the applicant for his record.
2. The applicant met the eligibility criteria for award of the Korea Defense Service Medal. This award should be added to his DD Form 214.
BOARD VOTE:
__PMS__ __REB __ __RCH__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his DD Form 214 to add award of the Korea Defense Service Medal.
_____ Paul M. Smith __
CHAIRPERSON
INDEX
CASE ID
AR20070001437
SUFFIX
RECON
DATE BOARDED
28 AUGUST 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
107.0089.0000
2.
107.0141.0000
3.
4.
5.
6.
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