IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090009804
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal.
2. The applicant states the Korea Defense Service Medal was authorized for service in Korea after he was separated from the U.S. Army. He adds that correction of his records to show this service medal will allow him to claim veteran's preference on Federal and State employment applications.
3. The applicant provides copies of his DD Form 214, reassignment orders, and a Noncommissioned Officer Evaluation Report (NCO-ER).
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 enlisted in the U.S. Army Reserve (USAR) on 29 March 1993. He entered enlisted in the Regular Army on 9 May 1994.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in Item 5 (Overseas Service) that he served in the Republic of Korea from 1 December 1997 through 1 December 1998.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 8 January 2000 based upon completion of required active service and transferred to the USAR Control Group (Reinforcement). At the time he had completed 5 years and 8 months of net active service. It also shows in:
a. Item 12f (Foreign Service), he completed 1 year and 1 day of overseas service; and
b. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Army Lapel Button, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, and Air Assault Badge.
5. In support of this application, the applicant provides the following documents:
a. a copy of a 1st Endorsement to Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, New York, Orders 227-00227, dated 15 August 1997, that show the Commander, 8th Personnel Command [Eight U.S. Army (EUSA), Korea], assigned the applicant to Headquarters and Headquarters Company, 164th Aviation Regiment, effective 3 December 1997; and
b. a DA Form 2166-7 (NCO-ER) for the period November 1997 through October 1998 that shows the applicant performed the duties of Airspace Information Center Chief while assigned to Company D, 58th Aviation Battalion, EUSA [Korea].
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Korea Defense Service Medal. The specific award criteria provides: service members of the armed forces must have served in support of the defense of the Republic of Korea (ROK) from 28 July 1954 through a future date to be determined by the Secretary of Defense; the area of eligibility encompasses all land area of the ROK, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; and service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility, and have been physically deployed in the area of eligibility for 30 consecutive or
60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Korea Defense Service Medal because he served in the ROK.
2. Records show the applicant served a qualifying period of service in the ROK for award of the Korea Defense Service Medal. Therefore, it would be
appropriate to correct his DD Form 214 to show this service medal.
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 adding to item 13 of his DD Form 214 the Korea Defense Service Medal.
_______ _ _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.
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