IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008

		DOCKET NUMBER:  AR20080005642 


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 her records to show all awards and decorations she earned throughout her military service.

2.  The applicant states, in effect, that several of her awards and decorations are not listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of her DD Form 214, dated 31 August 1999, 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 records show she enlisted in the Regular Army for a period of 4 years on 1 September 1995.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  She was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 31 August 1999.  The highest rank/grade she attained during her military service was corporal (CPL)/E-4.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214 shows she was awarded the National Defense Service Medal, the Army Lapel Button, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.

4.  Headquarters, 1st Cavalry Division, Fort Hood, Texas, Permanent Orders Number 158-4 show the applicant was awarded the Army Commendation Medal for meritorious service from 20 January 1998 to 10 June 1999.

5.  Headquarters, 302nd Forward Support Battalion, 2nd Infantry Division, Permanent Orders Number 16-13, dated 16 January 1997, show the applicant was awarded the Army Achievement Medal for meritorious service during the period 28 February 1996 to 28 February 1997.

6.  Review of the applicant's records indicates her entitlement to additional awards that are not shown on her DD Form 214.

7.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows she served in Korea from 2 March 1996 to 28 February 1997.

8.  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.

9.  AR 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 encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and 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.  The KDSM may be awarded posthumously to any Soldier who lost their life without regard to length of such service.  Only one award of the KDSM is authorized for any individual. 

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  








DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the applicant the Army Commendation Medal and the Army Achievement Medal which are not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.

2.  The evidence of record shows the applicant completed a foreign service tour in Korea from 2 March 1996 to 28 February 1997; therefore, she served a qualifying period for award of the Overseas Service Ribbon the Korea Defense Service Medal, and she is entitled to correction of her DD Form 214 to show these awards.

3.  The evidence of record confirms that the applicant served honorably during the period 1 September 1995 to 31 August 1998; she attained the rank/grade of CPL/E-4; and completed an overseas service tour.  Lacking any derogatory information on file that would have disqualified her, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of this period of qualifying service.  She is entitled to correction of her DD Form 214 to show this award.

BOARD VOTE:

___X____  __X_____  __X_____  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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 September 1995 to 31 August 1998; and



	b.  showing award of the Good Conduct Medal (1st Award), the Army Commendation Medal, the Army Achievement Medal, the Overseas Service Ribbon, and the Korea Defense Service Medal.




															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)                                         AR20080005642



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ABCMR Record of Proceedings (cont)                                         AR20080005642



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