IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090005322
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 award of the Korea Defense Service Medal.
2. The states that he believes he qualifies for award of Korea Defense Service Medal for his service in Korea in 1999.
3. The applicant provides a copy if his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.
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 enlisted in the Regular Army, on 12 February 1997, he completed training as an infantryman to include basic airborne training. Permanent Orders 159-387, dated 8 June 1997, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia awarded him the Parachutist Badge.
3. He then served at Fort Drum, New York until he was transferred to Korea on
26 December 1998.
4. He was referred to mental health due to an inability to cope with the death of his grandfather. The applicant was processed for separation. The company commander's memorandum recommending discharge noted that the applicant had no record of misconduct, not even an adverse counseling statement. He was discharged due to personality disorder, on 10 February 1999.
5. Block 13 (Decorations, Medals, Badges, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists only the Army Service Ribbon.
6. His DA Form 2-1 Personnel Qualification Record Part II shows he served overseas in Korea from 26 December 1998 to 10 February 1999. It also lists only the Army Service Ribbon as an authorized award.
7. 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 U.S. who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:
a. the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous waters and air space;
b. the period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense; and
c. 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, or meet other specified criteria such as actual combat.
8. Army Regulation 600-8-22 (Military Awards) provides that the 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he believes he qualifies for the Korea Defense Service Medal.
2. The applicant is authorized award of the Korea Defense Service Medal due to serving in Korea from 26 December 1998 through 10 February 1999 and his DD Form 214 should be corrected to show this medal.
3. He was also awarded the Parachutist Badge and his DD Form 214 should be corrected to show this badge.
4. Notwithstanding the unusual circumstances of his discharge, the applicant distinguished himself by his offense free behavior and there is no record of any disqualification for award of the Good Conduct Medal. Therefore, his DD Form 214 should be corrected to show this medal.
5. In view of the foregoing findings and conclusions, it would be appropriate to rectify the administrative errors by correcting the applicants 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:
a. awarding the individual the Korea Defense Service Medal;
b. Good Conduct Medal for the period 12 February 1997 through
10 February 1999; and
c. by adding the Korea Defense Service Medal, Good Conduct Medal and the Parachutist Badge to the awards listed on his DD Form 214.
_______ _ 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) AR20090005322
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