IN THE CASE OF:
BOARD DATE: 1 OCTOBER 2009
DOCKET NUMBER: AR20090005172
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 (KDSM) and Global War on Terrorism Service Medal (GWOTSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states these awards were approved subsequent to his retirement and because he meets the eligibility criteria, they should be added to his record and DD Form 214.
3. The applicant provides his Officer Record Brief (ORB) and DD Form 214 in support of his application.
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 applicants 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 applicants 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 record shows he completed a total of 32 years, 11 months, and 23 days of active military service and that he was retired in the rank of chief warrant officer five on 31 January 2004.
3. The DD Form 214 issued to the applicant upon his retirement on 31 January 2004 does not include the KDSM and GWOTSM in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).
4. The applicant's ORB shows he completed a 12-month tour in Korea in January 1989. It also shows he was serving on active duty from 11 September 2001 through the date of his retirement on 31 January 2004.
5. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-19 contains guidance on award of the GWOTSM. It states, in pertinent part, that it is authorized to members who served on active duty in support of the Global War on Terrorism outside of a designated area of operation (AOE) for a period of 30 consecutive or 60 nonconsecutive days between 11 September 2001 and a date to be determined.
6. Paragraph 2-20 of Army Regulation 600-8-22 contains guidance on award of the KDSM. It states, in pertinent part, that it is authorized to members who served in Korea for 30 consecutive or 60 nonconsecutive days from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the KDSM and GWOTSM should be added to his record and DD Form 214 was carefully considered and found to have merit. The evidence of record confirms the applicant is eligible for the KDSM based on his completion of a 12-month tour in Korea in 1980 and that he is eligible for the GWOTSM based on his qualifying active duty service outside of a designated AOE between 11 September 2001 and 31 January 2004. Therefore, it would be appropriate to add these awards to his record and to item 13 of his 31 January 2004 DD Form 214 at this time.
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 item 13 of his 31 January 2004 DD Form 214 by adding the Korea Defense Service Medal and Global War on Terrorism Service Medal and by providing him a correction to his DD Form 214 that includes this change.
____________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) AR20090005172
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