IN THE CASE OF:	  

		BOARD DATE:	        26 March 2009

		DOCKET NUMBER:  AR20080016660


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:

	a.  in effect, award of the Global War on Terrorism Service Medal (GWOTSM) and the Korea Defense Service Medal; and

	b.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the above awards, as well as his last Army Commendation Medal.

2.  The applicant states the GWOTSM and the Korea Defense Service Medal were not approved when he left active duty so he did not receive them, nor were they included on his DD Form 214.

3.  The applicant provides an illegible 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 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.  A legible copy of the applicant's DD Form 214 shows service from 19 January 1995 through 23 May 2002.  It also shows prior active service of 3 years and 6 months, and inactive service of 7 months and 7 days.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal (3rd Award), Army Achievement Medal (3rd Award), Navy Meritorious Unit Commendation, Army Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, and Driver and Mechanic Badge with Driver-T Bar.

3.  The applicant's official Integrated Personnel Electronic Records Management System (iPERMS) file shows three awards of the Army Commendation Medal, three awards of the Army Achievement Medal, two awards of the Army Good Conduct Medal, and the Driver and Mechanic Badge with Driver-T Bar.

4.  The applicant's iPERMS file also shows he served in Korea from on or about August 1999 through on or about August 2000.

5.  Army Regulation 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, in pertinent part:

	a.  the GWOTSM 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.  Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTSM and provided that 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 this award.

	b.  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, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  To qualify, 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;

	c.  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; and

	d.  a clasp is authorized for wear on the Army Good Conduct Medal to denote a second or subsequent awards.  The DD Form 214 should indicate the number of awards and the award should be affixed with the appropriate clasp [i.e., for a 2nd award, a bronze clasp with 2 loops].

DISCUSSION AND CONCLUSIONS:

1.  The applicant is requesting awards and corrections to item 13 of his DD Form 214.

2.  The applicant's DD Form 214 is for the period 19 January 1995 through 23 May 2002.  Based on this period of service, he is entitled to award of the GWOTSM and the National Defense Service Medal.  He should be awarded these medals and they should be added to his DD Form 214.

3.  The applicant's records show he served in Korea from on or about August 1999 through on or about August 2000.  He should be awarded the Korea Defense Service Medal and it should be added to his DD Form 214.

4.  The applicant was awarded two Army Good Conduct Medals; his DD Form 214 should reflect the Army Good Conduct Medal (2nd Award).

5.  The applicant requests that his "last" Army Commendation Medal be added to his DD Form 214.  The applicant's records show he was awarded three Army Commendation Medals and his DD Form 214 reflects three awards of this medal.  He provides insufficient evidence to show he was awarded a fourth Army Commendation Medal.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the GWOTSM, National Defense Service Medal, and Korea Defense Service Medal;

	b.  deleting from his DD Form 214 the Army Good Conduct Medal; and

	c.  adding to his DD Form 214 the Army Good Conduct Medal (2nd Award), GWOTSM, National Defense Service Medal, and Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing additional Army Commendation Medals on his DD Form 214.


															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)                                         AR20080016660



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ABCMR Record of Proceedings (cont)                                         AR20080016660



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