IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090008502 


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 reconsideration of his previous request for award of the Korea Defense Service Medal.  He also requests, in effect, that his Enlisted Record Brief (ERB) be corrected to reflect the actual dates and length of time of his service in Korea.

2.  The applicant states he was never assigned in Korea for a 12-month permanent position while he was in the Armed Forces.  He states that the ERB erroneously shows that he was in the Republic of Korea/South Korea in 1998.  He states that he was initially assigned to the 27th Infantry Battalion in Schofield Barracks, Hawaii, and that he was mobilized in 1990 to the Republic of Korea for joint exercise Team Spirit 90.  He states that he stayed in Korea for over 30 consecutive days due to combat-related training simulations and extensive medical care.  He states that he was struck by a car on 18 March 1990 while he was in Korea during a tactical road march in Chon-Ju Province in South Korea.  He states that he was treated at the 43rd Mobile Army Surgical Hospital and airlifted to the 121st Medical Evacuation Hospital in South Korea.

3.  The applicant provides a letter addressed to the Board, dated 12 May 2009, subject:  Korean Defense Service Medal (KSM) [sic]; copies of Department of Veterans Affairs (DVA) tests and progress notes; a copy of his Standard 
Form 600 (Chronological Record of Medical Care); a copy of his Physical Evaluation Board (PEB) Proceedings; a copy of his Medical Evaluation Board Psychiatric Medical Board Narrative Summary; two Noncommissioned Officer Evaluation Reports; copies of his enlistment contracts; a copy of his ERB; certificates of appreciation; and certificates of training.
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090001168 on 28 April 2009.

2.  The evidence provided by the applicant is new and warrants reconsideration by the Board.

3.  On 29 August 1989, the applicant enlisted in the Regular Army in Miami, Florida, for 3 years and 14 weeks in the pay grade of E-1.  He successfully completed his training as an infantryman.

4.  The Standard Form 600 that the applicant submitted shows that on 18 March 1990 he was in Korea when he was struck by a motor vehicle on the right side during a road crossing during joint exercise Team Spirit 90 and he was thrown approximately 50 feet.  He was unconscious for approximately 5 minutes and he was taken by local ambulance to a hospital in Chon-Ju, Korea, where he was treated.  He was medically evacuated to the 121st Evacuation Hospital in Korea on 19 March 1990 where he was admitted and he remained hospitalized for 9 days.

5.  The medical records that he submitted show that by 10 April 1990 he was at Tripler Army Medical Center, Hawaii, being treated for the injuries that he incurred on 18 March 1990.  After a series of reenlistments and extensions, the applicant was honorably discharged on 7 July 2004 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, upon completion of his required active service.  He had completed 14 years, 10 months, and 9 days of net active service.

6.  The applicant retired by reason of a physical disability on 28 July 2008 and the DD Form 214 (Certificate of Release or Discharge from Active Duty) that he was furnished at the time of his retirement shows that he was awarded the Army Basic Recruiter Badge, the Army Achievement Medal (4th Award), the Army Superior Unit Award, the Army Good Conduct Medal (5th Award), the National Defense Service Medal with one bronze service star, the Global War on Terrorism Service Medal, the Humanitarian Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Multinational Force and Observers Medal (2nd Award), the Expert Infantryman Badge, the Parachutist Badge, the U.S. Army Basic Recruiter Badge (Silver), the Air Assault Badge, the Driver and Mechanic Badge with Driver-W Clasp, and the Army Lapel Button.
7.  The PEB proceedings that the applicant submits are dated 2 April 2008 and, although the incident that occurred in Korea is mentioned in the proceedings, it provides no evidence as to the length of time that he was in Korea.  The DVA tests and progress notes that he submitted, dated 8 May 2009, also mention the incident that occurred in Korea; however, they do not provide evidence as to the length of time that he was in Korea.

8.  Section I – Assignment Information (Overseas Duty) of the applicant's ERB shows that he had service in Korea and, while it does not specify a date of arrival in Korea, it shows that he was in Korea for 12 months and that he returned to the continental United States on 3 December 1998.  Section IX – Assignment Information does not show that he had service in Korea, which contradicts Section I.

9.  A review of the available records does not show that the applicant ever served in Korea after his return to Tripler Army Medical Center, Hawaii, in late March or early April 1990.

10.  The ERB is a form that is produced from data stored on the enlisted master file (EMF) at the Army Human Resources Command and is a dynamic file which is updated frequently with new information.  Consequently, each ERB is a snapshot of the EMF as it was at the time the ERB was produced.

11.  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 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.  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 the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3) be participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  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.



DISCUSSION AND CONCLUSIONS:

1. The applicant contends that he should be awarded the Korea Defense Service Medal and that his ERB should be corrected to reflect the actual dates and length of time of his service in Korea

2.  His contentions have been noted and, while there is insufficient evidence available to determine the length of time that he was in Korea, it appears that he meets the criteria contained in Army Regulation 600-8-22 for award of the Korea Defense Service Medal.

3.  The applicant's records show that he was in Korea and participating in joint exercise Team Spirit 90 when he was injured as a result of being hit by a car while he was in the line of duty.  He was subsequently evacuated as a result of his injuries and according to the applicable regulation, 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 or, as in the applicant’s case, are wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  It appears that the applicant is entitled to the award of the Korea Defense Service Medal and his records should be corrected accordingly.

4.  With respect to the applicant's ERB, as previously stated each ERB is a snapshot of the EMF as it was at the time the ERB was produced.  Since the applicant is discharged and since his ERB is no longer active or accessible, no action can be taken to correct the ERB.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

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 partial relief by amending the ABCMR’s decision in Docket Number AR20090001168, dated 28 April 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Korea Defense Service Medal and amending his DD Form 214, dated 28 July 2008, to reflect this award.

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 correcting his ERB to reflect the actual dates and length of time of his service in Korea.



      ___________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)                                         AR20090008502



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ABCMR Record of Proceedings (cont)                                         AR20090008502



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