RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 September 2007
DOCKET NUMBER: AR20070005401
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Ms. Laverne V. Berry | |Member |
| |Mr. Ronald D. Gant | |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be amended to add the Korea Defense Service
Medal, the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait
Liberation Medal (Kuwait).
2. The applicant states he had already separated when they were awarded
the medals.
3. The applicant provides 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
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.
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
applicant’s failure to timely file. In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.
2. On 2 April 2007, the Army Review Boards Agency Support Division amended
the applicant’s DD Form 214 to add the Kuwait Liberation Medal (Saudi
Arabia), an the Kuwait Liberation Medal (Kuwait). Therefore, this portion
of the applicant’s request will not be considered by the Board.
3. The applicant enlisted in the Regular Army on 29 September 1987.
4. Headquarters, 2d Infantry Division (located in Korea) Permanent Orders
255-37, dated 21 December 1988, awarded the applicant the Army
Achievement Medal for the period 27 January 1988 to 26 January 1989 as an
end-of-tour award.
5. On 27 September 1991, the applicant was honorably released from active
duty.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the
Korea Defense Service Medal, established by the fiscal year 2003 National
Defense Authorization Act. The specified criteria for award of the Korea
Defense Service Medal is 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; and 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:
The evidence of record shows the applicant served in Korea during and for a
period of time that met the eligibility criteria for award of the Korea
Defense Service Medal. This award should be added to his DD Form 214.
BOARD VOTE:
__jea___ __lvb___ __rdg___ 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 the Korea Defense Service Medal.
__James E. Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR20070005401 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070919 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |107.0141 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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