IN THE CASE OF:	  

		BOARD DATE:	        10 February 2009

		DOCKET NUMBER:  AR20080017768 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 June 2006 to show two awards of the United Nations Medal and the Korea Defense Service Medal (KDSM).

2.  The applicant states that this DD Form 214 shows only one award of the United Nations Medal.  He contends that he received his first award of the United Nations Medal for operations in Somalia in 1993/1994 and that he received his second award for operations in Haiti during 1994.  He also points out that this
DD Form 214 shows the Korean Service Medal instead of the KDSM for his service in Korea during the period June 1990 to June 1991.

3.  The applicant provides two applications, both dated 13 October 2008; a
DD Form 214 for the period ending 1 February 1999; a memorandum, dated
15 March 1995; an Officer Record Brief; a DD Form 214 for the period ending
3 June 2006; and an award certificate and orders for the Army Achievement Medal in support of his applications.

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant entered active duty on 9 May 1990.  On 1 February 1999, he was released from active duty in the rank of Chief Warrant Officer Two. 

2.  The applicant’s DD Form 214 for the period ending 1 February 1999 shows, among numerous awards, two awards of the United Nations Medal as authorized awards. 

3.  The applicant’s Officer Record Brief shows that he served in Korea from 
18 June 1990 to 18 August 1991; Somalia from 19 August 1993 to 15 January 1994; and Haiti from 12 September 1994 to 12 December 1994.  

4.  The applicant provided a memorandum for record, dated 15 March 1995, from his commanding officer which verifies his tour in Haiti in support of Operation Uphold Democracy during the period 12 September 1994 to 12 November 1994.

5.  The applicant was ordered to active duty on 16 December 2004 in support of Operation Enduring Freedom.  On 3 June 2006, he was released from active duty in the rank of Chief Warrant Officer Three.  

6.  The applicant’s DD Form 214 for the period ending 3 June 2006 shows, among numerous awards, one award of the United Nations Medal and the Korean Service Medal as authorized awards. 

7.  The applicant's National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period ending 1 December 2007 shows, among numerous awards, two awards of the United Nations Medal as authorized awards. 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the United Nations Medal.  The eligibility criteria for award of the United Nations Medal requires that an individual serve under the operational or tactical control of the United Nations and serve a minimum of 90 consecutive days in the service of the United Nations.  The regulation shows that the United Nations Operations in Somalia (to include U.S. Quick Reaction Force members) and the United Nations Mission in Haiti are approved United Nation missions/operations. A bronze service star will denote subsequent awards of the United Nations Medal for service in a different United Nations mission.  Only one United Nations ribbons is authorized for wear.

9.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 
27 July 1954.

10.  Army Regulation 600-8-22 states 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 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 KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant’s Officer Record Brief which shows he served in Somalia from 19 August 1993 to 15 January 1994 is accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 3 June 2006 to show one award of the United Nations Medal.  The memorandum for record provided by the applicant which shows he served in Haiti in support of Operation Uphold Democracy in 1994 is accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 3 June 2006 to show a second award of the United Nations Medal. 

2.  The applicant did not serve a period of qualifying service for award of the Korean Service Medal.  He did serve a period of qualifying service for award of the KDSM.  Therefore, in accordance with his request, it would be appropriate to remove the Korean Service Medal from his DD Form 214 for the period ending 
3 June 2006 and add the KDSM.  






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: 

	a.  deleting the entries, “KOREAN SERVICE MEDAL” and “UN MEDAL” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 for the period ending 3 June 2006; and   

	b.  adding the United Nations Medal with one bronze service star and the Korea Defense Service Medal to his DD Form 214 for the period ending 3 June 2006.



      __________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)                                         AR20080017768



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ABCMR Record of Proceedings (cont)                                         AR20080017768



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