IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080015458
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, award of the Korea Defense Service Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that the Korea Defense Service Medal is not shown on his DD Form 214.
3. In support of his application, the applicant provides a copy of his DD Form 214.
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's military records show he enlisted in the Regular Army in pay grade E-1, on 24 June 1980. He served in Korea during the years 1983, 1985, 1988, 1989, 1990, 1992, 1993, 1997, and 1998.
3. The applicant served in Southwest Asia (Kuwait) from 21 January through 3 March 1993.
4. The applicant served continuously through several reenlistments until his honorable release from active duty in pay grade E-6 on 30 June 2000 for the purpose of retirement. He was transferred to the Retired Reserve.
5. The applicant's DD Form 214, item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized), lists the following awards: the Driver and Mechanic Badge, the Meritorious Service Medal, the Army Commendation Medal (3rd Award), the Army Achievement Medal (5th Award), the Army Good Conduct Medal (6th Award), the National Defense Service Medal, the Southwest Asia Service Medal with one bronze service star, the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (4th Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
6. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Kuwait from 21 January through 7 March 1993.
7. Army Regulation 600-8-22 (Military Awards) states 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 and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) 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: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) 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.
8. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal. Therefore, it would be appropriate to add this award to his record at this time.
2. Based on his service in Kuwait, he is also entitled to award of the Kuwait Liberation Medal-K.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
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 adding the Korea Defense Service Medal and the Kuwait Liberation Medal-K to
the list of awards contained on his DD Form 214, and by providing him a correction to his separation document that includes these awards.
___________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.
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