IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080010012 


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.  In two applications, the applicant requests, in effect, that he be awarded the Korea Defense Service Medal and the United States Coast Guard (USCG) Meritorious Unit Commendation. 

2.  The applicant states, in effect, that the Korea Defense Service Medal was not approved until after his retirement, but he has discovered that he is eligible for the award.  He also states that during his search of the internet, he found a document regarding the USCG approval of the USCG Meritorious Unit Commendation for Soldiers who served in Cuba.

3.  The applicant provides his DD Form 214 (Certificate of Release for Discharge from Active Duty) that was issued at the time of his retirement on 30 September 1996, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings; his DD Form 214 (Report of Separation from Active Duty) for his active duty service from 15 June 1976 to 28 December 1978; a DA Form 638-1 (Recommendation for Award) and certificate which awarded him the Army Commendation Medal for the period 5 August 1990 to 5 August 1991; a DA Form 638-1 and certificate which awarded him the Army Commendation Medal for the period 19 June 1994 to 10 November 1994; and a copy of a message from an private internet website regarding the USCG approval of the USCG Meritorious Unit Commendation to Soldiers who served with Joint Task Force (JTF) 160 in Guantanamo Bay, Cuba 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 Regular Army on 
15 June 1976.  He completed initial entry training and was awarded military occupational specialty 95B (Military Police).  He steadily progressed in rank throughout his military career, and was promoted to the rank and pay grade of master sergeant/E-8 effective 1 April 1995.  He completed overseas service tours on Johnston Island from 4 October 1979 to 27 September 1980 and from 26 March 1982 to 2 March 1983, Germany from 10 September 1985 to 31 August 1988, and Korea from 5 August 1990 to 5 August 1991.  On 30 September 1996, he was honorably retired from the Regular Army after completing more than 20 years of active duty service.  His DD Form 214 essentially shows that he was awarded the Meritorious Service Medal with Second Oak Leaf Cluster, the Army Commendation Medal with One Silver Oak Leaf Cluster, the Army Achievement Medal with Third Oak Leaf Cluster, the Joint Meritorious Unit Award, the Army Good Conduct Medal (6th Award), the National Defense Service Medal, the Humanitarian Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral "3" Device, the Army Service Ribbon, the Overseas Service Ribbon (4th Award), the Expert Marksmanship Qualification Badge with Rifle Bar, Machinegun Bar, and Small Bore Pistol Bar, the Driver and Mechanic Badge with Driver-W (for Wheeled vehicles) Bar, and the Silver German Army Marksmanship Badge.

3.  The applicant's DD Form 214 does not show that he was awarded the Korea Defense Service Medal.  However, the applicant served in Korea from 5 August 1990 to 5 August 1991.




4.  The applicant's DD Form 214 also does not show that he was awarded the USCG Meritorious Unit Commendation.  However, the applicant provided a properly constituted DA Form 638-1 and certificate which shows that he was awarded the Army Commendation Medal for meritorious achievement while deployed to Guantanamo Bay, Cuba from 19 June 1994 to 10 November 1994 in support of Operation SEA SIGNAL [United States military support for Caribbean migration emergencies from May 1994 to February 1996].  He also provided a copy of a message from a private internet website regarding the USCG approval of the USCG Meritorious Unit Commendation to Soldiers who served with JTF 160 on Guantanamo Bay, Cuba.  This message stated, in pertinent part, that on 
22 December 1995, the Commandant of the USCG approved award of the USCG Meritorious Unit Commendation to, in part, JTF-160.  This message also essentially stated that Soldiers assigned or attached to JTF 160 between June 1994 and February 1996 were authorized to accept and wear the USCG Meritorious Unit Commendation Ribbon on the Army uniform.  Although the message did not come from an official Army website, an official copy of this message was found on the United States Army Human Resources Command Military Awards Branch website.  

5.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Korea Defense Service Medal and the USCG Meritorious Unit Commendation. 

2.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his military records to show the award of the Korea Defense Service Medal.  

3.  The applicant was deployed to JTF 160 from 19 June 1994 to 10 November 1994, which was during a period of qualifying service for award of the USCG Meritorious Unit Commendation for JTF 160 that was approved by the Commandant, USCG.  As a result, it would be appropriate at this time to award him the USCG Meritorious Unit Commendation, and to correct his military records to show the award of the USCG Meritorious Unit Commendation.

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 awarding him the Korea Defense Service Medal and the USCG Meritorious Unit Commendation.






2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career.  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)                                         AR20080010012



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ABCMR Record of Proceedings (cont)                                         AR20080010012



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