BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012387 


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 award of the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect, that he was stationed in the Republic of Korea for a period of time which qualified him for award of the KDSM.  He also states that the KDSM did not become an authorized award until after he was discharged from the Army.  The applicant concludes that unless the KDSM is properly annotated on his DD Form 214, he will not be considered eligible for the veteran's preference for which he is qualified.

3.  The applicant provides a copy of his DD Form 214 as documentary evidence in support of this 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 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 United States Army Reserve (USAR) Delayed Entry Program (DEP) on 31 March 1988.  He was discharged from the USAR DEP on 30 August 1988 and he enlisted in the Regular Army on 31 August 1988.  He completed basic combat training and advanced individual training (AIT).  Upon completion of AIT he was awarded military occupational specialty 91A (Medical Specialist).  The highest rank he attained while serving on active duty was the rank of private first class/pay grade E-3.

3.  Item 17 (Current/Last Foreign Service Tour/Code) of the applicant's DA Form 2A (Personnel Qualification Record - Part I), dated 13 March 1990, shows he served in the Republic of Korea.

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the Republic of Korea during the period of 13 February 1989 through 12 February 1990, a total of 1 year.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 shows he was awarded or authorized to wear the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Hand Grenade Bar, the Army Service Ribbon, and one Overseas Service Ribbon.  This form does not show award of the KDSM.

6.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows he was stationed in the Republic of Korea from on or about 13 February 1989 through on or about 12 February 1990.

7.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows that he served 1 year of foreign service during this period of active duty.

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Hand Grenade Bar, the Army Service Ribbon, and the Overseas Service Ribbon.  This form does not show award of the KDSM.

9.  The applicant's record contains Headquarters, 2d Infantry Division, Permanent Orders 9-03, dated 16 January 1990, which show he was awarded the Army Achievement Medal for meritorious service from 13 February 1989 to 12 February 1990.  This award is not shown on the applicant's DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) shows the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003.  This regulation provides 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, 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. 

11.  Army Regulation 600-8-22 further 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 active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

12.  A review of the applicant's service record also shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the KDSM was carefully considered and determined to have merit.

2.  The evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM.  Therefore, he is entitled to award of the KDSM and to have his records corrected to show this award.

3.  Permanent orders show the applicant was awarded the Army Achievement Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record confirms the applicant honorably served on active duty during the period 31 August 1988 through 18 June 1990.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 31 August 1988 through 18 June 1990 and to correct his records to show this award.

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 him the Army Good Conduct Medal (1st Award) for the period 31 August 1988 through 18 June 1990;

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal, the Army Good Conduct Medal (1st Award), and the KDSM; and

	c.  providing him a corrected DD Form 214 as a result of these changes.



      __________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)                                         AR20090012387



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ABCMR Record of Proceedings (cont)                                         AR20090012387



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