IN THE CASE OF:	  

		BOARD DATE:	  28 April 2009

		DOCKET NUMBER:  AR20080018822 


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 and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he was unaware of his entitlement to this award and believes it was honestly omitted from his DD Form 214.

3.  In support of his application, the applicant provides copies of his 21 February 1996 assignment orders for Korea, two DA Forms 2166-7 (NCO [Noncommissioned Officer] Evaluation Report), his 10 April 1997 reassignment orders, and 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.   The applicant’s military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 20 November 1980.  He was discharged from the DEP on 16 February 1981and he enlisted in the Regular Army, in pay grade E-1, on 17 February 1981 and served continuously through several reenlistments.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 1 July 1981 through 23 December 1982, in Alaska from 5 May 1988 through 18 May 1992, and in Korea from 30 July 1996 through 18 August 1997.

3.  The applicant was issued U.S. Army Chemical and Military Police Centers, Fort McClellan, Alabama, Orders Number 052-00223, dated 21 February 1996, assigning him to the 1st Adjutant General Replacement Detachment (Korea) with a reporting date of 30 July 1996, for a 12-month tour.

4.  The applicant's NCO Evaluation Reports for the periods from August 1996 to April 1997 and from April 1997 to July 1997 show he served as the Brigade NBC (Nuclear, Biological, Chemical) NCO for a brigade-size unit supporting two battalions and three separate companies geographically dispersed throughout the Republic of Korea.

5.  The applicant was issued A Detachment, 516th Personnel Service Battalion, Orders 100-073, dated 10 April 1997, reassigning him to the 52nd Ordnance Detachment Group, Fort Gillem, Georgia, with a reporting date of 31 August 1997.

6.  The applicant was honorably released from active duty in pay grade E-8, on 28 February 2002, for the purpose of retirement, and transferred to the USAR Control Group (Retired).

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Meritorious Service Medal (2nd award), Army Commendation Medal (3rd award), Army Achievement Medal (2nd award), Army Good Conduct Medal (6th award), National Defense Service Medal, Noncommissioned Officer Professional Development Medal with numeral 3, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Drill Sergeant Identification Badge, Gold German Armed Forces Efficiency Badge, Silver German Armed Forces Efficiency Badge, and the Bronze German Armed Forces Efficiency Badge.  However, the applicant's DD Form 214 does not list the Korea Defense Service Medal.  




8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  The applicant's DA Form 2-1, item 9 (Awards, Decorations and Campaigns), shows he was awarded two Overseas Service Ribbons.  These awards are not shown on his DD Form 214.  However, his military records show he successfully completed three overseas tours.

10.  Army Regulation 600-8-22 (Military Awards) states that 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 (1) all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (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.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

11.  Army Regulation 600-8-22 further shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.

12.  Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  To signify receipt of a second or subsequent award of the NDSM, a service star will be worn on the service ribbon by U.S. Army personnel so qualified.  A second or third award of the NDSM is authorized for Soldiers who
served in one or more of the four time periods listed above.

13.  Army Regulation 600-8-22 further states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 
   a.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command. 

   b.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

   (1)  initial award of the GWOTSM is limited to airport security operations 
(from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM; or

		(2)  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 the GWOTSM. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to add this award to his record at this time.

2.  The evidence of record shows the applicant was awarded two Overseas Service Ribbons.  However, records show he completed three overseas tours.  Therefore, he is entitled to the Overseas Service Ribbon with Numeral 3 and to have this award added to his DD Form 214.

3.  The evidence of record also shows that the applicant was awarded the National Defense Service Medal for his honorable active service for the period between 2 August 1990 through 30 November 1995 and this award is shown on his DD Form 214.  However, based on his honorable active service for the period between 11 September 2001 to a date to be determined, he is also entitled to award of the one bronze service star to be affixed to his already-awarded National Defense Service Medal and to also have this award shown on his DD Form 214.

4.  The evidence of record further shows the applicant served a qualifying period for award of the Global War on Terrorism Service medal.  Therefore, this award should be added to his DD Form 214. 


5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 from item 13 of the applicant's DD Form 214 the National Defense Service Medal;
   
   b.  adding to item 13 of the applicant's DD Form 214 the National Defense Service Medal with one bronze service star, Korea Defense Service Medal, Oversea Service Ribbons with Numeral 3, and the Global War on Terrorism Service Medal; and
   
   c.  providing him a corrected DD Form 214 that includes these changes.



      _________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)                                         AR20080018822



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ABCMR Record of Proceedings (cont)                                         AR20080018822



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