IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080006757 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Korea Defense Service Medal (KDSM) (2nd award), and the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states in effect, that these awards were authorized after he retired and therefore, they were not authorized or annotated on his DD Form 214. He also states, in effect, that he is entitled to two awards of the KDSM since he served in the Republic of Korea from 10 April 1986 to May 1987 and again from 18 September 1995 to September 1996.

3.  The applicant provided a copy of his DD Form 214 and a copy of his Officer Record Brief (ORB) in support of this 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 DD Form 214 shows that he was commissioned as a second lieutenant (2LT) in the Regular Army on 28 May 1980.  He was awarded military specialty 15B (Aviation Combined Arms Operations).  The highest rank he attained while serving on active duty was lieutenant colonel (LTC), pay grade
O-5.

3.  Section IX (Assignment History) of the applicant's ORB shows that he served in the Republic of Korea from April 1987 to May 1985 and from September 1996 to September 1997.

4.  Item 18 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he earned the Defense Superior Service Medal; the Defense Meritorious Service Medal; the Meritorious Service Medal (2nd award); the Joint Service Commendation Medal; the Army Commendation Medal (5th award); the Joint Service Achievement Medal; the Army Achievement Medal (4th award); the Army Superior Unit Award; the Army Good Conduct Medal; the National Defense Service Medal (2nd Award); the Army Service Ribbon; the Overseas Service Ribbon (3rd award); the Senior Army Aviator Badge; the Parachutist Badge; the Air Assault Badge; the Office of the Secretary of the Defense Identification Badge; and the Army Staff Identification Badge. 

5.  On 30 April 2003, the applicant was honorably retired from active duty after completing a total of 24 years, 11 months, and 3 days years and 3 days of active military service.

6.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation 

is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

7.  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:

	a.  The area of eligibility encompasses:

		(1)  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.

	b.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  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.  Only one award of the KDSM is authorized for any individual.  (emphasis added)



8.  Army Regulation 600-8-22 (Military Awards) 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 (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  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.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions that he is entitled to have his records corrected to show award of the KDSM and GWOTSM were found to have partial merit.

2.  Evidence of record shows that the applicant was assigned to and served in support of the defense of the Republic of Korea from April 1986 to May 1987 and again from September 1995 to September 1996.  Although he served on two tours of duty in the Republic of Korea, only one award of the KDSM is authorized for any individual.  Therefore, he is entitled to one award of the KDSM and to have it added to his DD Form 214.

3.  Records show that the applicant participated in Global War on Terrorism Operations outside of the AOE during the period of 11 September 2001 through 30 April 2003.  Therefore, he is entitled to award of the GWOTSM and to have it added to his DD Form 214.

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 the award of the KDSM and the GWOTSM.

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 awarding a second award of the KDSM and adding it to his DD Form 214.



												__________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)                                         AR20080006757



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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