IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20070018436 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM) and the Korea Defense Service Medal (KDSM).  He also requests that item 11 (Primary Specialty) on his DD Form 214 be corrected to show military occupational specialty (MOS) 19D (armored reconnaissance specialist). 

2.  The applicant states that he was awarded the ARCOM just prior to his separation and that he recently became aware of the KSDM.  He contends that his MOS changed during his enlistment.

3.  The applicant provides his DD Form 214; his DA Form 2-1 (Personnel Qualification Record); orders for the ARCOM; promotion orders; and a certificate of training. 

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 enlisted on 14 February 1997.  He successfully completed basic armor training and was awarded primary MOS 19K (armor crewman) in June 1997.  Orders, dated 25 July 2001, show the applicant was promoted to sergeant in primary MOS 19D2O effective 22 June 2001.  On 13 February 2002, the applicant was released from active duty.   

3.  Item 11 on his DD Form 214 shows the entry, “19K2O M1 ARMOR CREWMN - - 4 YRS - 8 MOS//NOTHING FOLLOWS.”  His DD Form 214 shows the Army Lapel Button, the Army Achievement Medal (2nd Award), the Army Good Conduct Medal, the Noncommissioned Officer’s Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Driver and Mechanic Bade with Driver – W Bar as authorized awards.

4.  Item 5 (Overseas Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 22 June 1997 to 21 June 1998.

5.  Headquarters, 2nd Brigade, 4th Infantry Division Permanent Order Number 356-003, dated 21 December 2001, shows the applicant received the ARCOM for the period 14 February 1997 to 21 December 2001.

6.  Army Regulation 600-8-22 (Military Awards) states that the KDSM 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.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 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.  

8.  Army Regulation 600-8-22 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 operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  

9.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation provides, in pertinent part, that the primary military occupational specialty and all additional military occupational specialties served in for a period of one year or more, during the Soldier’s continuous active military service will be entered in item 11.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the ARCOM.

2.  Evidence of record shows the applicant was awarded primary MOS 19D2O on 22 June 2001.  Therefore, item 11 on his DD Form 214 should be corrected to show this MOS. 

3.  The applicant served a period of qualifying service for award of the KDSM, the NDSM, and the GWOTSM.

BOARD VOTE:

___XX___  ___XX___  __XX___  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: 

	a.  adding the entry, “19D2O Armored Reconnaissance Specialist – 
8 months” in item 11 on his DD Form 214; and 

      b.  adding the ARCOM, the KDSM, the NDSM, and the GWOTSM to his DD Form 214.



       _       XX         ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070018436



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ABCMR Record of Proceedings (cont)                                         AR20070018436


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