IN THE CASE OF: 

		BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008183 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that she was awarded the Korea Defense Service Medal.

2.  The applicant states that she needs to substantiate her service in the Republic of Korea so she can receive service-connected medical benefits.

3.  The applicant provides, in support of her application, copies of her DD Form 214, discharge orders, identification cards and an extract of her service medical records.

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 28 February 1978, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty 31M (Multichannel Communication Equipment Operator).  She was subsequently assigned to Fort Riley, Kansas.

3.  On 8 March 1979, the applicant received a Certificate of Achievement for outstanding meritorious achievement during "Exercise Reforger 79."

4.  On 1 October 1979, the applicant was promoted to specialist four, pay grade E-4.

5.  On 1 April 1980, the applicant departed Fort Riley, Kansas, for duty in the Republic of Korea.

6.  On 13 May 1980, the applicant was assigned for duty as a multichannel communication equipment operator with Headquarters and Headquarters Battery, 1st Battalion, 2nd Air Defense Artillery Brigade.

7.  On 23 July 1980, the applicant received a letter of appreciation and thanks for a job well done.  She was cited for her assistance in establishing the battalion 
S-2 security/intelligence office as a highly professional, battery support-orientated organization.

8.  On 28 August 1980, the applicant reenlisted in the Regular Army for another 3-year period of service.  On 1 July 1982, she extended this reenlistment to a period of 5 years and 6 months.

9.  On 9 April 1981, the applicant was promoted to sergeant, pay grade E-5.

10.  On 14 May 1981, the applicant departed the Republic of Korea for duty at Fort Hood, Texas.  On 15 December 1982, she departed Fort Hood for duty in the Federal Republic of Germany.

11.  On 6 January 1983, the applicant was assigned for duty as a radio operator with Company C, 123rd Signal Battalion, 3rd Infantry Division.

12.  On 31 August 1984, the applicant was honorably discharged.  She had completed a total of 6 years, 6 months, and 3 days of creditable active duty service.

13.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 lists her awards as the Army Service Ribbon, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by section 543, National Defense Authorization Act, 2003.  It 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 and the period of eligibility are as follows:  a) service members of the Armed Forces must have served in support of the defense of the Republic of South 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 South Korea and the contiguous water out to12 nautical miles and all air spaces above the land and water areas, and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

15.  Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  A bronze clasp with two loops is worn on the Army Good Conduct Medal to denote a second award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should show award of the Korea Defense Service Medal.

2.  Records clearly show that the applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, her DD Form 214 should be corrected to show this award.

3.  Records show that the applicant served on continuous active duty for a period of 6 1/2 years from 28 February 1978 to 31 August 1984.  She attained the rank of sergeant and was commended for the quality of her service.  There is no evidence of record showing that she was the subject of any adverse action or that any of her commanders took action to deny her award of the Army Good Conduct Medal.  Therefore, her records should be corrected to award her the Army Good Conduct Medal with bronze clasp with two loops for her two 3-year periods of service.

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 applicant the Army Good Conduct Medal 1st award for the period 28 February 1978 to 27 February 1981,

	b.  awarding the applicant the Army Good Conduct Medal 2d award for the period 28 February 1981 to 27 February 1984, and

	c.  adding the Army Good Conduct Medal with bronze clasp with two loops and the Korea Defense Service Medal to her 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)                                         AR20090008183



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ABCMR Record of Proceedings (cont)                                         AR20090008183



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