IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080018195 


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, that he be awarded the Global War on Terrorism Service Medal (GWOTSM) and the Korea Defense Service Medal (KDSM).  He also requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Overseas Service Ribbon instead of the Overseas Service Ribbon (2nd Award) and that he completed 8 years, 4 months, and 17 days of foreign service. 

2.  The applicant essentially states item 12f (Foreign Service) of his DD Form 214 only reflects that he completed 4 years, 4 months, and 17 days of foreign service, but that item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows that he served 8 years, 4 months, and 17 days of foreign service.  He also states, in effect, that his active duty service on and after 11 September 2001 and his service in Korea entitle him to award of the GWOTSM and the KDSM, respectively.

3.  The applicant provides a continuation page to his application, his DA Form 
2-1, and information from the Institute of Heraldry website pertaining to the GWOTSM and the KDSM.

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 that he enlisted in the Regular Army on 3 August 1982.  He completed initial entry training and was awarded military occupational specialty (MOS) 95B (Military Police), which was later converted to MOS 31B with the same duty title.  He was retired on 31 May 2004 after completing 21 years, 9 months, and 28 days of active duty service and attaining the rank and pay grade of master sergeant/E-8.  His foreign service consisted of service in Germany from 1 February 1984 to 31 August 1984 and from 20 February 1997 to 20 February 2001, Korea from 3 November 1985 to 2 November 1988, Panama from 6 December 1989 to 28 March 1990, and Saudi Arabia from 5 October 1990 to 28 March 1991.  The DD Form 214 that he was issued at the time of his retirement essentially shows that he was awarded the Meritorious Service Medal (3rd Award), the Army Commendation Medal (5th Award), the Army Achievement Medal (4th Award), the Army Good Conduct Medal (7th Award), the Valorous Unit Award, the Meritorious Unit Commendation, the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal with two bronze service stars, the Noncommissioned Officer Professional Development Ribbon with Numeral "3" (for advanced level), the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait, the Expert Marksmanship Qualification Badge with Rifle, Grenade, and Pistol Bars, the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) Bar, and the U.S. Army Gold Recruiter Badge with one sapphire achievement star.

3.  The applicant was serving on active duty on 11 September 2001 and continued to serve on active duty until he retired on 31 May 2004, but his military records do not show that he was awarded the GWOTSM.

4.  The applicant served in Korea from 3 November 1985 to 2 November 1988, but his military records do not show that he was awarded the KDSM.

5.  The applicant requested that his DD Form 214 be corrected to show the award of the Overseas Service Ribbon instead of the Overseas Service Ribbon (2nd Award), but the applicant completed overseas tours in Korea from 3 November 1985 to 2 November 1988 and in Germany from 20 February 1997 to 20 February 2001.

6.  Item 12f of the applicant's DD Form 214 shows that he only completed 4 years, 4 months, and 17 days of foreign service throughout his military career, but item 5 of his DA Form 2-1 essentially shows that he completed 8 years, 4 months, and 18 days of foreign service.

7.  Army Regulation 600-8-22 (Military Awards) provides that 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 the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined.

8.  Army Regulation 600-8-22 also 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.  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:

	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.  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 1 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.

9.  Additionally, this same regulation provides, in pertinent part, that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981, and that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The 11 December 
2006 version of this regulation, effective 11 January 2007, eliminated the policy that restricted award of the Overseas Service Ribbon when another campaign/ service medal is awarded for an overseas tour.

10.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f of this document.

11.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the GWOTSM and the KDSM, that his DD Form 214 should be corrected to show the Overseas Service Ribbon instead of the Overseas Service Ribbon (2nd Award), and that he completed 8 years, 4 months, and 17 days of foreign service.

2.  The applicant served on active duty during a qualifying period for award of the GWOTSM; therefore, he is entitled to award of the GWOTSM and correction of his military records to show this award.

3.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the KDSM.  Therefore, he is entitled to award of the KDSM and correction of his military records to show this award.

4.  The applicant may have been requesting that his DD Form 214 be corrected to show the award of the Overseas Service Ribbon instead of the Overseas Service Ribbon (2nd Award) because he is being awarded the KDSM for his overseas tour in Korea.  However, the regulatory policy that restricted award of the Overseas Service Ribbon when another campaign/service medal is awarded for an overseas tour has been eliminated, and the applicant is in fact still entitled to award of the Overseas Service Ribbon (2nd Award).  As a result, there is no basis for correcting his DD Form 214 to show the award of the Overseas Service Ribbon instead of the Overseas Service Ribbon (2nd Award).


5.  The applicant completed 8 years, 4 months, and 18 days of foreign service during the period covered by his DD Form 214, but item 12f of this document incorrectly reflects that he only completed 4 years, 4 months, and 17 days of foreign service.  The fact that the applicant indicated that he completed 8 years, 4 months, and 17 days of foreign service was noted.  However, using standard office computations, he actually served one additional day.  Inasmuch as the applicant essentially requested that his total amount of foreign service be shown on his DD Form 214, it would be appropriate at this time to correct item 12f of this document to show that he completed 8 years, 4 months, and 18 days of foreign service.

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 and the KDSM; and 

	b.  correcting item 12f of his DD Form 214 to show that he completed 8 years, 4 months, and 18 days of foreign service.

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 only the award of the Overseas Service Ribbon instead of the Overseas Service Ribbon (2nd Award) or that he completed 8 years, 4 months, and 17 days of foreign service.


3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career, and especially during Operations Desert Shield and Desert Storm.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _________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)                                         AR20080018195



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ABCMR Record of Proceedings (cont)                                         AR20080018195



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