IN THE CASE OF:	  

	BOARD DATE:	  08 July 2008

	DOCKET NUMBER:  AR20080000058 


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, in two separate applications, award of the Basic Aviation Badge and the Korea Defense Service Medal.  He also requests that the Overseas Service Ribbon be removed from his records.

2.  The applicant states that during the time that he was in the Army, the Basic Aviation Badge was not given to Soldiers that served in the aviation operations (93P) military occupational specialty (MOS).  He states that Congress ordered the creation of the Korea Defense Service Medal in Section 543 of the 2003 Defense Authorization Act, which President Bush signed into law on 2 December 2002.  He states that effective 3 February 2004, the Overseas Service Ribbon is no longer authorized for overseas tours in the Republic of Korea.

3.  The applicant provides in support of his application, copies of his Certificate of Release or Discharge from Active Duty (DD Form 214); a copy of a diploma showing that he was a graduate from the Aviation Operations Specialist Course (93P), Class 92-1; copies of web site pages pertaining to Aviation Badges; a copy of his Personnel Qualification Record; a copy of web site pages pertaining to the Korea Defense Service Medal.

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 1 August 1991, the applicant enlisted in the Regular Army in Milwaukee, Wisconsin, for 5 years, in the pay grade of E-1.  On 21 November 1991, he successfully completed his MOS training as an aviation operations specialist (93P10).  

3.  The applicant's Personnel Qualification Record shows that he was transferred to Korea from 21 June 1994 through 20 June 1995.  He returned to the Continental United States and he was assigned to the 19th Replacement Detachment, Fort Bragg, North Carolina, on 9 July 1995.

4.  On 31 July 1996, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 4, at the completion of his required active service.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Army Lapel Button, the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officers Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge w/Rifle Bar.

5.  MILPER MESSAGE NUMBER 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior and Master Aviation Badges.  This message, in pertinent part, authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of Advanced Individual Training (AIT) in career management fields (CMF) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).  This authority also includes permanent award of the Basic Aviation Badge to Soldiers holding a 68 series (aircraft components repair) military occupational specialty (MOS); 





Soldiers holding MOS 35L, MOS 35M, MOS 35Q, and MOS 35W who graduated from AIT in CMF 67 prior to 30 September 1996; Soldiers holding MOS 93C or MOS 93P who graduated from AIT in CMF 93 after 31 December 1985; Soldiers holding MOS 93B who graduated from formal AIT in CMF 93 prior to 1 January 1998; and Soldiers previously holding MOS 93D who graduated from a CMF 93 AIT prior to 30 September 1996 based on documented AIT after 31 December 1985.  In all cases, successful completion of AIT or prior AIT is required.

6.  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; and (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 Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

7.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.




DISCUSSION AND CONCLUSIONS:

1.  According to the available evidence, the applicant is entitled to award of the Basic Aviation Badge.  He successfully completed his required training and he was awarded a 93P10 MOS.  Therefore, his DD Form 214 should be amended to include this award.

2.  The applicant is also entitled to Korea Defense Service Medal.  His records show that he served in the area of eligibility for approximately 1 year.  He met the criteria for award of the Korea Defense Service Medal and his records should be corrected to show his entitlement to this award.

3.  The applicant is not entitled to have the Overseas Service Ribbon removed from his records.  As he states effective 3 February 2004, the Overseas Service Ribbon was no longer authorized for overseas tours in the Republic of Korea.  However, the applicant was REFRAD on 31 July 1996, and at that time, he was authorized the Overseas Service Ribbon for his service in Korea.  Therefore, this information is properly reflected on his DD Form 214.

4.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 awarding him the Basic Aviation Badge and the Korea Defense Service Medal and amending his DD Form 214 accordingly.




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 correcting his record to show that he is not entitled to the Overseas Service Ribbon.  




      ___        XXX                ___
                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)                                         AR20080000058



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ABCMR Record of Proceedings (cont)                                         AR20080000058



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