IN THE CASE OF:	  

		BOARD DATE:	       22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007107 


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 (KDSM) and two awards of the Army Reserve Components Overseas Training Ribbon (ARCOTR).

2.  The applicant states that he was discharged from active duty in Korea in 1987 prior to the authorization of the KDSM.  Additionally, he maintains that he attended annual training with the 756th Engineer Company in Keflavik, Iceland, and New Brunswick, Canada, from 17 June 1989 to 7 July 1989 and from 11 August 1990 to 25 August 1990, respectively.

3.  The applicant provides Orders 192-9, Orders 350-143, Orders 131-024 with Annex A (Main Body), and an annual training information sheet.

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 applicant’s record shows he enlisted in the Regular Army on 23 March 1983.  He served 3 years, 10 months, and 26 days of active service and was honorably released on 18 February 1987.

3.  Orders 192-9, dated 4 October 1985, show that the applicant was reassigned from Fort Polk, Louisiana, to Yongsan, Korea.  His availability date was listed as 1 February 1986.  Additionally, Orders 350-143, dated 16 December 1986, reassigned the applicant from Korea to the Separation Transfer Point effective 19 March 1987.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served in Korea from 3 February 1986 to 17 February 1987.  This form also shows that the applicant served in Canada from 11 August 1990 to 25 August 1990.

5.  Item 12f (Foreign Service) of the applicant's 1987 DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was credited with 1 year and 15 days of foreign service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form does not show award of the KDSM.

6.  On 5 August 1989, the applicant enlisted in the U.S. Army Reserve.  He was honorably discharged on 6 March 1996.

7.  Orders 131-024, dated 23 May 1989, and an information sheet with Annex A verify that the applicant was scheduled to participate in annual training in Iceland and Canada from 17 June 1989 to 2 July 1989 and from 11 August 1990 to 25 August 1990, respectively.

8.  There are no other separation documents contained in the applicant's military records.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the KDSM 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 and 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, or meet the following criteria:  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or participate as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30- or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

10.  Army Regulation 600-8-22, in pertinent part, provides for award of the ARCOTR.  It is awarded to members of the Reserve Components of the Army (Army National Guard and U.S. Army Reserve) for successful completion of annual training or active duty for training for a period not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the ARCOTR.

11.  Army Regulation 635-5 (Separation Documents) 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records verify that he served in the Republic of Korea from 3 February 1986 to 17 February 1987.  Therefore, he is entitled to correction of his record to show the award of the KDSM.

2.  Although records verify the applicant's annual training in Iceland and Canada and his entitlement to the ARCOTR, his training occurred after the issuance of his 1987 DD Form 214 and there are no other separation documents contained in his records to list these awards.  However, his records should be corrected to reflect these awards, but they will not be added to his DD Form 214.

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 adding to his DD Form 214 award of the KDSM.

2.  The Board also determined that the evidence presented was sufficient to show that the applicant was awarded the ARCOTR (2nd award) for his Reserve training in Iceland and Canada.

3.  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 adding the ARCOTR (2nd award) to his DD Form 214 for the period ending 18 February 1987.  




      ______________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)                                         AR20090007107



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ABCMR Record of Proceedings (cont)                                         AR20090007107



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