IN THE CASE OF:	

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080001813 


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 effect, that her record be corrected by adding the Korea Defense Service Medal (KDSM), Southwest Asia Service Medal (SWASM), and Armed Forces Expeditionary Medal (AFEM).  

2.  The applicant states, in effect, that someone forgot to put the information regarding the awards in question on her separation document (DD Form 214).  

3.  The applicant provides an Equipment Operator's Qualification Record 
(DA Form 348) in support of her 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 record shows she enlisted in the Regular Army and entered active duty on 1 November 1990, and was trained in and awarded military occupational specialty (MOS) 63J (Quartermaster & Chemical Equipment Repairer).

3.  The applicant's Official Military Personnel File (OMPF) contains a Certificate of Training that confirms the applicant completed the Introduction to Rappelling and Mountaineering course in Korea in June 1991.

4.  On 31 October 1994, the applicant was honorably released from active duty (REFRAD) after completing 4 years of active military service.  The separation document (DD Form 214) she was issued shows she held the rank of specialist (SPC) and was serving at Fort Carson, Colorado, on the date of her separation.  Item 12f (Foreign Service) shows she completed 1 year of overseas service.  There are no entries in Item 18 (Remarks) that indicate the applicant served in Southwest Asia (SWA) during her active duty tenure.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she earned the following awards during her active duty tenure:  Army Commendation Medal; Army Good Conduct Medal; National Defense Service Medal; Army Service Ribbon; Overseas Service Ribbon; Driver and Mechanic Badge with "W" (Driver) Bar; Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars; and Army Lapel Button.

6.  The applicant provides a DA Form 348, dated 28 October 1991, which shows she completed the necessary training and testing to be authorized to operate a vehicle in Korea.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-12 contains guidance on award of the AFEM.  It states, in pertinent part, that it is authorized for members in support of U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations in designated areas of operations.  The AFEM was authorized for service in Korea between 1 October 1966 and 30 June 1974.

8.  Paragraph 2-14 of the awards regulation contains guidance on award of the SWASM.  It states, in pertinent part, that it is authorized to members who served in SWA and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995.  SWA and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.

9.  Paragraph 2-20 of the awards regulation contains guidance on award of the KDSM.  It states, in pertinent part, that it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea from 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she is entitled to the KDSM has been carefully considered and found to have merit.  By regulation, the KDSM is authorized for qualifying service in Korea from 28 July 1954 to a future date to be determined by the Secretary of Defense.  The evidence of record confirms the applicant served in Korea for a qualifying period as evidenced by a Certificate of Training on file in her OMPF and an entry in Item 12f of her DD Form 214, which corroborate the information contained in the DA Form 348 she provided.  As a result, it would be appropriate to add the KDSM to her record and DD Form 214 at this time.

2.  By regulation, in order to qualify for the SWASM, a member must have served in a designated area in SWA; and to qualify for the AFEM, a member must have served in a designated area or operation during a specified period, and the only period authorized for Korea was between 1 October 1966 and 30 June 1974.

3.  The evidence of record confirms only that the applicant served in Korea in the 1991 time frame.  It fails to provide any evidence indicating that she served in SWA, or that she served in a designated operation during a specified period of authorization for the AFEM.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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 showing her entitlement to the Korea Defense Service Medal; and by providing her a correction to her separation document that includes this award.

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 award of the Southwest Asia Service Medal or Armed Forces Expeditionary Medal.



      _________x_______________
                 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)                                         AR20080001813



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ABCMR Record of Proceedings (cont)                                         AR20080001813



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