RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070009054 


	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

Ms. Loretta D. Gulley

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

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 the Korea Defense Service Medal (KDSM).   He also request that his Meritorious Service Medal (MSM) (2nd award) be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty).

2.  The applicant states, in effect, that the KDSM was awarded after his discharge from active duty and his second MSM was never added to his DD Form 214.

3.  The applicant provided copies of two DA Forms 4980-12 (MSM Certificates) in support of this application.

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.  The applicant's DD Form 214 shows that he enlisted in the Regular Army 
15 July 1981.  He was awarded the military occupational specialty (MOS) Infantryman (11B).  The highest rank he attained while serving on active duty was Master Sergeant (MSG). 

3.  Item 13 (Decorations, Medals, Badges, Campaigns, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he earned the Meritorious Service Medal, the Army Commendation Medal (4th award), the Army Achievement Medal (9th award), the Army Good Conduct Medal (7th award), the National Defense Service Medal, the Noncommissioned Officer’s Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the 


Overseas Service Ribbon (2nd award), the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Expert Infantryman Badge, the Parachutist Badge, the Air Assault Badge, and the U.S. Gold Recruiter Badge.

4.  Section 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served in the Republic of Korea from
9 January 1996 through 17 January 1997.

5.  On 31 August 2003, the applicant retired from active duty after completing a total of 22 years, 1 month, and 16 days of active military service.  

6.  The DA Form 4980-12, dated 10 December 1995, shows that the applicant was awarded his first MSM which was issued by Permanent Order 188-5, Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina for meritorious service during period 8 October 1992 to 10 December 1995.

7.  The second DA Form 4980-12, dated 9 January 1997, shows that the applicant was awarded a second MSM which was issued by Permanent Order 009-004, United States Army Cadet Command, Fort Monroe, Virginia for meritorious service during period 8 January 1996 to 8 January 1997.

8.  The third DA Form 4980-12, dated 9 May 2003, shows that the applicant was awarded an MSM issued by Permanent Order 129-41, United States Army Cadet Command, Fort Monroe, Virginia for meritorious service during period
1 September 1993 to 31 August 2003.

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, 
	
	(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 KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.

10.  A review of the applicant's record reveals that he may be entitled to an additional award that is not shown on his DD Form 214. 

11.  Military Personnel Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The memorandum authorized reinstatement of the National Defense Service Medal.  It stated that the National Defense Service Medal is awarded for honorable active service and includes the following inclusive periods:  27 June 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 30 November 1995; and 11 September 2001 to a date to be determined.  It stated that, as a one-time only exception, members of the Army National Guard and the USAR who were part of the Selected Reserves in good standing were authorized the National Defense Service Medal per Executive Orders Number 12778, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.  A bronze service star will be worn to signify receipt of a second or subsequent award.


12.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to have his records corrected to show award of the KDSM and the MSM (3rd award).

2.  Records show that the applicant was assigned to the Republic of Korea during the period of 9 January 1996 through 17 January 1997.  Therefore, he is entitled to award of the KDSM.  

3.  The evidence of record shows that the applicant was awarded three MSM(s). Therefore, the applicant’s records should be corrected to show these awards.

4.  The evidence of record also shows that the applicant met the criteria for award of the Global War on Terrorism Service Medal for his service in support of Operation Enduring Freedom outside the area of eligibility, from 11 September 2001 to a date to be determined.  Therefore, the applicant's records should be corrected to show this service medal.

5.  The evidence of record also shows that the applicant met the criteria for award of the National Defense Service Medal with bronze service star for his service in support of Operation Enduring Freedom outside the area of eligibility, from 11 September 2001 to a date to be determined.  Therefore, the applicant's records should be corrected to show this service medal.

BOARD VOTE:

___MKP_  ___LCB _  ___DED _  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 awarding the applicant the MSM (3rd award), the KDSM, the NDSM with bronze service star, and the GWOTSM.




						___Margaret K. Patterson___
          		CHAIRPERSON





INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/11/15
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.