IN THE CASE OF:
BOARD DATE: 28 APRIL 2009
DOCKET NUMBER: AR20080017661
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 (KDSM) and the Driver and Mechanic Badge with Driver-W Bar.
2. The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not list the KDSM or the Driver and Mechanic Badge with Driver-W Bar.
3. The applicant provides a copy of his DD Form 214, orders for the "Driver's Badge," and a DA Form 1119-1 (Certificate of Achievement in Safety) 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 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 applicants record shows he enlisted in the Regular Army on 14 July 1986. He was released from active duty on 17 April 1993.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the KDSM or the Driver and Mechanic Badge with Driver-W.
Bar
. Headquarters, 36th Signal Battalion, Permanent Orders 3-4, dated 24 March 1993, awarded the applicant the "Drivers Badge" for the period of service from
1 March 1992 to 24 March 1993.
5. The DA Form 1119-1 submitted by the applicant shows he was presented the certificate for driving a military vehicle in the Republic of Korea for over 12 months accident-free from 1 March 1992 to 24 March 1992.
6. The applicant's Noncommissioned Officer Evaluation Reports (NCOERs) from January 1992 to May 1992 and from June 1992 to February 1993 show that he received these two NCOERs while assigned to the 74th Signal Command, Pusan, Korea.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the KDSM 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.
DISCUSSION AND CONCLUSIONS:
1. Although the exact dates of the applicant's service in Korea are not in the available records, the evidence of record shows that the applicant served during a qualifying period for award of the Korea Defense Service Medal. Therefore, his records should be corrected to show this award.
2. Permanent Orders 3-4, dated 24 March 1993, awarded the applicant the "Driver's Badge." Therefore, his records should be corrected to show 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 adding to item 13 of the applicant's DD Form 214 the Korea Defense Service Medal and the Driver and Mechanic Badge with Driver-W Bar.
_________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) AR20080017661
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ABCMR Record of Proceedings (cont) AR20080017661
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