IN THE CASE OF:
BOARD DATE: 15 July 2008
DOCKET NUMBER: AR20080008174
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 his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show award of a second National Defense Service Medal, the Global War on Terrorism Service Medal, and the Korea Defense Service Medal.
2. The applicant states the above awards must be added to his DD Form 214.
3. The applicant provides:
a. his DD Form 214; and
b. an information sheet concerning qualification for the requested awards.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant is a retired Sergeant First Class with a distinguished career as an infantryman and a US Army Ranger. He served 22 years, 6 months, and 18 days from 13 November 1979 through 31 May 2002 and earned numerous awards, decorations, and badges. He served multiple tours of duty in Korea with Headquarters, Eighth United States Army and the 2nd Infantry Division.
3. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides:
a. the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. To signify receipt of a second or subsequent award of the NDSM, a service star will be worn on the service ribbon by U.S. Army personnel so qualified;
b. the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. 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 Global War on Terrorism Service Medal; and
c. 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: 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show award of a second National Defense Service Medal, the Global War on Terrorism Service Medal, and the Korea Defense Service Medal.
2. A review of the applicant's records verifies his entitlement to all three requested awards. He should be presented these awards and they should be added to his DD Form 214.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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 him a second National Defense Service Medal, the Global War on Terrorism Service Medal, and the Korea Defense Service Medal;
b. deleting the National Defense Service Medal from his DD Form 214; and
c. adding the National Defense Service Medal with bronze service star, the Global War on Terrorism Service Medal, 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) AR20080008174
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