RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  01 April 2008
	DOCKET NUMBER:  AR20070018552 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Larry W. Racster

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 records be corrected by adding the awards of the Korea Defense Service Medal (KDSM), Global War on Terrorism Service Medal (GWOTSM), and the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states his service in the military clearly indicates that the awards of the KDSM, GWOTSM, and AFEM should have been awarded to him.

3.  The applicant does not provide any additional documentation.

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 military personnel record shows he enlisted in the Regular Army on 14 January 1988.  He completed the necessary training and was awarded the military occupational specialty (MOS) 16S (Man Portable Air Defense System Crewmember).

3.  He served during the period 23 May 1988 to 22 May 1989 in the Republic of Korea.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), St. Louis, Missouri on  
13 January 1990.  He completed 2 years Net Active Service This Period.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge 

from Active Duty) shows the award of the Army Achievement Medal (1st Oak Leaf Cluster), Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the award of the KDSM, GWOTSM, and AFEM.

5.  A DD Form 215 (Correction to DD Form 214), dated 5 December 1991, shows the entry "Item 13 Army Achievement Medal 1st OLC, National Defense Service Medal, Army Service Ribbon, Army Good Conduct Medal, Marksman Marksmanship Badge M2 .50 Caliber Machinegun, and Overseas Service Ribbon."

6.  On 31 January 1991, he was ordered to active duty and mobilized to Fort Drum, New York in support of Southwest Asia filler/individual replacement backfill requirements.  He was released from active duty on 19 March 1991.  He completed 1 month and 19 days of Net Active Service This Period.

7.  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.

8.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the GWOT operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  (1) Initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or (2)  all Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after  
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.


9.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or  
60 nonconsecutive days.  One of the areas of operation designated for the AFEM was the Republic of Korea during the period 1 October 1966 to 30 June 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected by adding the awards of the KDSM, GWOTSM, and AFEM.

2.  Evidence shows that the applicant served in the Republic of Korea during the period 23 May 1988 to 22 May 1989.  Therefore, he is entitled to correction of his records to show the KDSM.

3.  Evidence shows the applicant did not participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001.  Therefore, he is not entitled to correction of his records to show GWOTSM.

4.  Evidence shows the applicant is not authorized the award of the AFEM, because he did not serve in the Republic of Korea during the period 1 October  
1966 to 30 June 1974.  Therefore, he is not entitled to correction of his records to show the AFEM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JRS__  __LE___  __LWR___   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding 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 the awards of the GWOTSM and the AFEM.




___Lester Echols  ___
      CHAIRPERSON