DOCKET NUMBER:  AR20090003697 


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 that the Korea Defense Service Medal and the Global War on Terrorism Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the Korean Defense Service Medal and the Global War on Terrorism Service Medal were authorized for the period in which he served after the expiration of his term of service and he believes that he qualifies for both awards.

3.  The applicant provides in support of his application, a copy of 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.  On 25 January 1996, the applicant enlisted in the Regular Army (RA) in St. Louis, Missouri, for 3 years in the pay grade of E-1.  He successfully completed his training as an armor crewman.  On 17 November 1997, the applicant extended his 3-year enlistment to 3 years and 3 months.

3.  While the available records do not show the exact date that the applicant was transferred to Korea, his record do show that he was in Korea on 17 September 1998 when he was awarded the Army Achievement Medal for meritorious service on 26 August 1998 as an M1A1 tank gunner.

4.  The applicant reenlisted in the RA for 3 years on 18 December 1998 and his Enlistment Contract shows that he was in Korea at the time that he reenlisted.

5.  The applicant was honorably released from active duty (REFRAD) on 7 December 2001, under the provisions of Army Regulation 635-200, paragraph 16-12, due to the early release program and he was transferred to the United States Army Reserve Control Group (Reinforcement).

6.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Army Commendation Medal (Third Award), the Army Achievement Medal (Fifth Award), the Army Good Conduct Medal, the Army Lapel button, the Armed Forces Expeditionary Medal, the Noncommissioned Officer’s Professional development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Driver and Mechanic Badge with Driver-T Bar and the NATO Medal.

7.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of 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 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 and have been physically deployed in the area of eligibility for 30 consecutive or 60 nonconsecutive days.



8.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated 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.  

9.  Army Regulation 600-8-22 (Military Awards) as amended 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Korea Defense Service Medal and the Global War on Terrorism Service Medal should be added to his DD Form 214.

2.  His contentions have been noted and they appear to be substantiated by the evidence of record.

3.  While the available records do not specify the exact dates of his service in Korea, the information contained in his service records show that he was in Korea, at the very least, from 26 August 1998 until he reenlisted in the RA on 18 December 1998.  Therefore, he meets the criteria for award of the Korea Defense Service Medal and his DD Form 214 should be amended to include this award.

4.  He also meets the criteria for award of the Global War on Terrorism Service Medal as he was on active duty in the RA on 11 September 2001.  This award should also be included on his DD Form 214.

5.  The applicant’s records show that he is also entitled to the National Defense Service Medal based on the criteria contained in Army Regulation 600-8-22.


6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records 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 amending his DD Form 214 to show that he was awarded the Korea Defense Service Medal, the Global War on Terrorism Service Medal and 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)                                         AR20090003697



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ABCMR Record of Proceedings (cont)                                         AR20090003697



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