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ARMY | BCMR | CY2008 | 20080009458
Original file (20080009458.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  7 August 2008

		DOCKET NUMBER:  AR20080009458 


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 the Korea Defense Service Medal be added to his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 August 1994.

2.  The applicant states, in effect, the medal was not authorized at the time of his discharge.

3.  The applicant provides a copy of DD Form 214 with an effective date of 
11 August 1994 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he previously served an initial period of active service in the Regular Army from 15 July 1986 to 14 July 1990.   The applicant served an additional period of active service in the U.S. Army Reserve (USAR) from 31 January 1991 to 16 March 1991.  

2.  On 16 October 1992, the applicant again enlisted in the Regular Army for a period of 3 years.

3.  On 22 February 1994, the applicant was assigned to the Long Range Surveillance Detachment (LRSD), 2nd Infantry Division in Korea.  He was subsequently assigned to Company A, 1st Battalion, 503rd Infantry Regiment in Korea until his reassignment from Korea on 8 August 1994.

4.  On 8 August 1994, the applicant was assigned to the U.S. Army Transition Point, Fort Lewis, Washington.

5.  On 11 August 1994, the applicant was discharged by reason of misconduct.  He had completed 1 year, 9 months, and 27 days of active service that was characterized as under honorable conditions.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is authorized the Korea Defense Service Medal.

2.  The Korea Defense Service Medal was not authorized until 9 years after the applicant was discharged.  The applicant served in Korea during the period from 22 February 1994 through 8 August 1994.  Therefore, it is appropriate to amend his DD Form 214 to show he is authorized the Korea Defense Service Medal.

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 amending his DD Form 214 with an effective date of 11 August 1994 to show he is authorized the Korea Defense Service 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)                                         AR20080009458





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ABCMR Record of Proceedings (cont)                                         AR20080009458



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