IN THE CASE OF:	

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080017507 


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 National Defense Service Medal (NDSM) (2nd Award) and the Global on War Terrorism Service Medal (GWOTSM).

2.  The applicant states, in effect, he was released from active duty (REFRAD) before the GWOTSM and NDSM were approved.

3.  The applicant provides no documentary evidence 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 military records show he initially enlisted in the U.S. Marine Corps (USMC) and entered active duty on 14 March 1989.  He continuously served until 26 February 1993, at which time he was honorably REFRAD and transferred to the USMC Reserve.  The DD Form 214 he was issued at that time shows he completed 3 years, 11 months, and 13 days of active military service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his USMC active duty service:  Rifle Expert Badge, NDSM, Sea Service Deployment Ribbon, Good Conduct Medal, Meritorious Unit Commendation (MUC), and Meritorious Mast.

3.  On 21 September 1999, the applicant enlisted in the Regular Army (RA) and entered active duty in that status.  He was trained in, awarded, and served in military occupational specialty 31U (Signal Support Systems Specialist).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows that he served in the Federal Republic of Korea from 20 April 2000 to 19 April 2001.

5.  On 5 February 2002, the applicant was honorably discharged from the RA after completing a total of 2 years, 4 months, and 15 days of his RA enlistment and a total of 6 years, 3 months, and 28 days of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards:  Army Commendation Medal, Army Achievement Medal, MUC, Army Good Conduct Medal, Marine Corps Good Conduct Medal, NDSM, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Army Lapel Button, Sea Service Deployment Ribbon (2nd Award), Meritorious Mast, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10 provides guidance for the issuance of the NDSM and states, in pertinent part, that it is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and any period between 11 September 2001 and a date to be determined.  A service star will be worn to signify receipt of a second or subsequent award of the NDSM.

7.  Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM.  It states, in pertinent part, that it is authorized to members who have participated in the GWOT operations outside of the designated areas of eligibility for the GWOTEM on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated during the qualifying period, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.

8.  On 3 February 2004, the Secretary of Defense approved the criteria for the Korea Defense Service Medal (KDSM).  It is authorized to be awarded to members who served on active duty in Korea from 28 July 1954 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the NDSM (2nd Award) and GWOTSM was carefully considered and found to have merit.  By regulation, the NDSM was authorized for the period 2 August 1990 through 30 November 1995 and the period 11 September 2001 to a date to be determined; and the GWOTSM is authorized for 30 days of consecutive active duty service during the period between 11 September 2001 and a date to be determined.  Therefore, it would be appropriate to correct the applicant’s record and separation document to show his entitlement to these awards.

2.  The evidence of record also shows that the applicant served in Korea from 20 April 2000 to 19 April 2001, and as a result he is entitled to the KDSM which is authorized for service in Korea from 28 July 1954 through a date to be determined.  Therefore, his record and separation document should also be corrected to include this award.

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 item 13 of the applicant’s DD Form 214 for the period ending on 5 February 2002 by adding the National Defense Service Medal (2nd Award) (in lieu of the National Defense Service Medal now reflected on his DD Form 214), Global War on Terrorism Service Medal, and Korean Defense Service Medal; and by issuing him a correction to his separation document that reflects 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.

ABCMR Record of Proceedings (cont)                                         AR20080017507



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ABCMR Record of Proceedings (cont)                                         AR20080017507



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