BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090003823 


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, his records be corrected to show he served in Korea with the 3rd Military Intelligence Group, 8th U.S. Army, Korea and entitlement to several awards

2.  The applicant states he served with the 8th U.S. Army, Korea, 3rd Military Intelligence Group from 11 January through 30 April 1996 and this service entitles him to award of the Joint Korean Service Ribbon, Korean Service Ribbon, and Veterans of Foreign War status.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) should be corrected to show this period of service and additional awards.

3.  The applicant provides copies of a DD Form 214; 12 Leave and Earnings Statements (LES's); U.S. Total Army Personnel Command, St. Louis, MO, Orders A-01-000051, dated 10 January 1996; 4 billeting receipts; a DD Form 1351-2 (Travel Voucher or Subvoucher); a DA Form 348 (Equipment Operators Qualification Record); an Army Achievement Medal certificate; and Headquarters, 81st Regional Support Command, Birmingham, AL, Orders
342-17L, dated 8 December 1999.

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 Veteran of Foreign Wars is a private organization and any status with that organization does not fall within the jurisdiction of this Board.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  The DD Form 214 provided by the applicant is for the applicant's period of initial active duty for training (IADT) as a U.S. Army Reserve (USAR) Soldier during the period 7 January through 17 July 1992 and has no bearing on his issues.

4.  The LES's for the period between 17 January 1996 and 17 May 1996 provided by the applicant show receipt of pay for statuses including unit training assembly, active duty for training, and flight training duty for training.  However, they do not provide evidence of duty station location or foreign service.

5.  U.S. Total Army Personnel Command, Orders A-01-000051, ordered the applicant to active duty for the period 11 January to 30 April 1996, in support of Operation Crazy Horse.  These orders show his assignment to the 138th Military Intelligence Company, Orlando, FL with further attachment to the 3rd Military Intelligence Group, 8th U.S. Army, Korea.

6.  A DA Form 348, dated 15 February 1996, shows that while in Korea the applicant qualified to operate a 5-passenger sedan and a 1/2 – 1 Ton cargo truck.

7.  The four billeting receipts provided by the applicant show he paid for billeting at Camp Humphreys, Korea between 16 January to 15 March 1996.

8.  A DD Form 1351-2, submitted by the applicant, dated 9 June 1996 shows he was authorized travel from home of record in Florida to Korea and return, between 11 January and 22 April 1996.  Included on the form was billeting reimbursement authorization for housing at Camp Humphreys, Korea. 


9.  An Army Achievement Medal certificate shows that 337th Military Intelligence Battalion, Permanent Orders 6-1, dated 2 November 1996, awarded the applicant the Army Achievement Medal for meritorious service in South Korea from 12 January to 30 April 1996.

10.  Evidence of record shows the applicant's ARPC Form 249-E (Chronological Statement of Retirement Points) reflects he served on active duty for 100 days during his retirement year ending 27 October 1996.  

11.  His DA Form 2-1 (Personnel Qualification Record) doesn't show any active duty service in Korea during 1996.

12.  The applicant did not provide and the available record does not include a copy of a DD Form 214 for any period of active duty except his initial active duty for training in 1992.

13.  Headquarters, 81st Regional Support Command, Orders 342-17L, honorably discharged the applicant from the U.S. Army Reserve.

14.  A DA Form 638 (Recommendation for Award), dated 20 February 1999, shows the applicant was awarded the Army Achievement Medal with one oak leaf cluster for meritorious service from 28 October 1991 to 15 April 1999.  His achievements are shown as including a voluntary 4 month overseas deployment to Korea and selection to create a Mission Essential Task List (METL) for the AN/URR-75 Crazy Horse System.  No specific dates are recorded for these achievements.

15.  A review of the Army awards regulation does not show any authorized awards for participation in the 1996 Operation Crazy Horse. 

16.  A review of military regulations and a search of the internet for information on the 1996 Operation Crazy Horse failed to locate any references to this operation.

17.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that a DD Form 214 will be prepared for all personnel, including members of the Army National Guard and USAR separated after completing 90 days or more of continuous active duty for training (ADT), full-time training duty (FTTD), or active duty support.

18.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954;

	b.  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 all land area of the Republic of Korea, 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.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	c.  there is no award called a "Joint Korean Service Ribbon" or a similarly named award referenced in the awards regulation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, he served with the 3rd Military Intelligence Group, 8th U.S. Army, Korea from 11 January to 30 April 1996 and this service entitles him to award of a Joint Korean Service Ribbon and the Korean Service Ribbon.

2.  The applicant has provided copies of official orders, LES's, and other related documentation that show he served on active duty from 11 January to 30 April 1996 and that the majority of this service was in Korea.

3.  However, this period of active duty is not recorded anywhere in his Official Military Personnel File (OMPF), his DD Form 2-1 doesn't show this period of active duty or assignment, and, if a DD Form 214 was issued, it is not contained in his available records.

4.  Since this period of service is not recorded in the official record, it is appropriate to correct the record to show the applicant served on active duty from 11 January to 30 April 1996 and that he served with 138th Military Intelligence Company, 3rd Military Intelligence Group, 8th U.S. Army, Korea from 16 January to 22 April 1996.

5.  The applicant was awarded the Army Achievement Medal for his service in Korea from 11 January through 30 April 1996.  This award is not noted on his DA Form 2-1 or in his OMPF except by reference on the 1999 award recommendation form.  It is appropriate to correct the record to show this award.

6.  The applicant did not serve in Korea during the period the Korean Service Medal was authorized and no award known as the Joint Korean Service Medal or similar name is referenced in the awards regulation.  Therefore there is insufficient evidence to show that the applicant is entitled these awards.

7.  The applicant, however, met the eligibility criteria for award of the Korea Defense Service Medal.  Therefore, his records 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.  showing the applicant served on active duty from 11 January to 30 April 1996; 

	b.  showing the applicant was assigned duty with 138th Military Intelligence Company, 3rd Military Intelligence Group, 8th U.S. Army, Korea from 16 January to 22 April 1996;

	c.  showing the applicant was awarded the Army Achievement Medal for meritorious service from 12 January to 30 April 1996;

	d.  showing the applicant was awarded the Korea Defense Service Medal for his service in the Republic of Korea from 11 January to 22 April 1996; and

	e.  issuing the applicant an appropriate document that reflects this information.
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 award of the Korean Service Medal or the Joint Korean 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)                                         AR20090003823



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ABCMR Record of Proceedings (cont)                                         AR20090003823



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