IN THE CASE OF:	
		BOARD DATE:	 11 DECEMBER 2008 

		DOCKET NUMBER:  AR20080015332 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was awarded the Korea Defense Service Medal and the Afghanistan Campaign Medal.

2.  The applicant states, in effect, that both awards were authorized and approved after he left active duty and thus could not have been added to his
DD Form 214 upon separation.  

3.  The applicant provides a copy of two Officer Evaluation Reports (OERs), a copy of his Officer Record Brief (ORB), a copy of his reassignment orders, a copy of his Temporary Change of Station (TCS) Orders, and a copy of his
DD Form 214 in support of his 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 records show that he was appointed as a Reserve commissioned officer in the rank of second lieutenant.  He was ordered to active duty for a period of 4 years with assignment to the 1st Adjutant General's Replacement Regiment, Korea, after completion of the Infantry Officer Basic Course.

3.  On arrival in Korea, the applicant was reassigned to the 2nd Infantry Division Replacement Company, Korea, then to Headquarters and Headquarters Company, 2nd Brigade.

4.  The applicant provided a copy of his OER for the period 8 August 2000 to 11 January 2001 which he received while serving in Korea.

5.  The applicant's ORB shows he was reassigned to Fort Lewis, Washington, on 6 February 2001 on completion of his overseas tour in Korea.

6.  On 3 May 2002, TCS Orders were published by Headquarters, I Corps, Fort Lewis for the applicant's deployment in support of Operation Enduring Freedom (OEF) with an effective date of 6 May 2002.

7.  The applicant was promoted to captain (CPT/O-3) effective 1 October 2002.

8.  The applicant provided a copy of his OER for the period 10 March 2003 to 7 July 2003 which he received while assigned to Fort Lewis.  This OER confirms his service in support of OEF.

9.  The applicant was released from active duty on 23 August 2003.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

10.  The applicant’s DD Form 214 shows he was awarded the Army Commendation Medal (3rd Award), the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Parachutist Badge.  His DD Form 214 does not show the Korea Defense Service Medal or the Afghanistan Campaign Medal as authorized awards.

11.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year, 5 months, and 22 days of foreign service.


12.  The applicant's ORB confirms his service in Korea from January 2000 to January 2001.  It also confirms his service in Afghanistan from May 2002 to October 2002.

13.  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.  The Soldiers 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.  participate 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. 

15.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.  A bronze service star is authorized for the following campaigns:  Liberation of Afghanistan (11 September 2001 – 30 November 2001); Consolidation I (1 December 2001 – 30 September 2006); and Consolidation II    (1 October 2006 – date to be determined).


16.  Army Regulation 600-8-22 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. 

   a.  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. 

   b.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

   (1)  initial award of the GWOTSM is limited to airport security operations 
(from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or

		(2)  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. 

c.  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 served in Korea during the qualifying period for award of the Korea Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

2.  The evidence shows that the applicant's unit was deployed in support of OEF and he served in Afghanistan from 6 May 2002 to 31 October 2002.  The applicant is therefore entitled to the Afghanistan Campaign Medal with one bronze service star and to have this award added to his DD Form 214.

3.  The applicant also served a qualifying period for award of the GWOTSM.  Therefore, he is entitled to the GWOTSM and to have this award added to his
DD Form 214.

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 
showing award of the Korea Defense Service Medal, the Afghanistan Campaign Medal, and the Global War on Terrorism Service Medal to the awards already listed on his DD Form 214, dated 4 June 2002.



      _________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)                                         AR20080015332



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ABCMR Record of Proceedings (cont)                                         AR20080015332



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