IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080020008 


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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of a second Army Good Conduct Medal, a second National Defense Service Medal, the Korea Defense Service Medal and the Global War on Terrorism Service Medal. 

2.  The applicant states that when he was discharged from active duty he did not receive these awards.

3.  The applicant provides, in support of his application, copies of his DD Form 214, ending on 4 March 2002; and Permanent Orders 26-11, Fort George G. Meade, dated 26 January 1999, awarding him the Army Good Conduct Medal.

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.  On 26 February 1987, the applicant enlisted in the United States Army Reserve (USAR).  He completed his initial active duty training and was awarded military occupational specialty (MOS) 74D (Computer Systems Operator).  He was discharged from the USAR on 25 February 1995.  He had attained the rank of specialist, pay grade E-4, and had completed 8 years of Reserve service.

3.  On 5 March 1996, the applicant enlisted in the Regular Army.  He completed additional training and was awarded MOS 31S (Satellite Control and Communications Specialist).

4.  On 8 July 1997, the applicant was assigned duty as a tactical satellite systems operator with the 122nd Signal Battalion, in the Republic of Korea.  He served in this position until his return to the United States on or about 11 June 1998.

5.  On 2 July 1998, the applicant was assigned duty with the 1st Satellite Control Battalion, Fort George G. Meade, Maryland.

6.  Permanent Orders 26-11, Fort George G. Meade, dated 26 January 1999, awarded the applicant the Army Good Conduct Medal for the period from 
5 March 1996 to 4 March 1999.

7.  On 4 March 2002, the applicant was discharged from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 6 years of creditable active duty service during this period.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, for the period ending on 4 March 2002, lists his awards as the Army Commendation Medal, Army Achievement Medal (4 awards), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Driver and Mechanic Badge with Driver-W Bar, Air Force Space Badge, and the Army Lapel Button.  It does not show award of a second National Defense Service Medal, a second Army Good Conduct Medal, the Korea Defense Service Medal, or the Global War on Terrorism Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The current standard for award of the Army Good Conduct Medal is one award for each 3 years of qualifying service.   Denial requires the commander’s disqualifying comments.  Second award is denoted by a bronze clasp with two loops.  

10.  Army Regulation 600-8-22 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is authorized a second award of the Army Good Conduct Medal, a second award of the National Defense Service Medal, the Korea Defense Service Medal, and the Global War on Terrorism Service Medal.

2.  The evidence of record clearly shows the applicant served a qualifying period of time for award of the Army Good Conduct Medal with a bronze clasp with two loops.  Furthermore, there is no evidence showing his commander took any action to deny him this award.  Therefore, he should be awarded the Army Good Conduct Medal with bronze clasp with two loops.

3.  The National Defense Service Medal is authorized for active duty service. The applicant's first term of service ending on 25 February 1995 was not active duty and does not qualify for award of the National Defense Service Medal. 

4.  The applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant serviced during a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

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 Army Good Conduct Medal with bronze clasp with two loops for the period from 5 March 1999 to 4 March 2002; and

	b.  adding to his DD Form 214 the bronze clasp with two loops to be affixed to his already-awarded Army Good Conduct Medal, Korea Defense Service Medal, and the Global War on Terrorism Service Medal.  

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 a second award of the National Defense Service Medal.




      _______ _   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)                                         AR20080020008



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080020008



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1