IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080007502 


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 he be awarded the Korea Defense Service Medal. 

2.  The applicant essentially states that he served a 1-year tour in Korea during a qualifying period for award of the Korea Defense Service Medal. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering his active duty service from 2 February 1995 to 1 April 1998; a DA Form 638 (Recommendation for Award) and certificate showing that he was awarded the Army Commendation Medal for his service in Korea; a 2nd Infantry Division Certificate, dated 5 August 1997, which awarded him the Expert Infantryman Badge; a Certificate of Training which shows that he completed the Combat Lifesaver Course at Camp Casey, Korea from 20 to 22 May 1997; a memorandum, dated 6 November 1997, which shows that the applicant took the Defense Language Aptitude Battery at the Camp Red Cloud Education Center in Korea; and orders, dated 28 November 1997, which awarded him the Good Conduct Medal while he was assigned to Headquarters and Headquarters Company, 1st Battalion, 503rd Infantry in Korea 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 military records show that he enlisted in the United States Army Reserve (USAR) on 29 September 1992.  He entered active duty for training (ADT) on 15 July 1993, completed initial entry training, and was awarded military occupational specialty 11B (Infantryman).  He was released from ADT on 15 July 1993, and reverted to his regular USAR status.  On 2 February 1995, he enlisted in the Regular Army.  He served in Southwest Asia in support of Operation Southern Watch from 19 July 1996 to 15 December 1996.  He also served in Korea from March 1997 to April 1998.  On 1 April 1998, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  However, on 26 May 1998, he reenlisted in the Regular Army, and began serving a tour in Hawaii in June 1998.  On 25 June 2001, he was honorably discharged.  The DD Form 214 that was issued to him at the time of his discharge essentially shows that he was awarded the Army Commendation Medal with First Oak Leaf Cluster, the Army Achievement Medal with First Oak Leaf Cluster, the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Expert Marksmanship Qualification Badge with Rifle Bar and Grenade Bar, the Expert Infantryman Badge, and the Air Assault Badge.

3.  The applicant's military records do not show that he was awarded the Korea Defense Service Medal.  However, the applicant served in Korea from March 1997 to April 1998.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  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.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Korea Defense Service Medal.

2.  The applicant served a 1-year tour in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, it would be appropriate at this time to award him the Korea Defense Service Medal, and to correct his military records to show this award.





BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Korea Defense Service Medal; and

	b.  correcting his DD Form 214 that was issued at the time of his discharge on 25 June 2001 to show the award of the Korea Defense Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        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)                                         AR20080007502



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ABCMR Record of Proceedings (cont)                                         AR20080007502



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