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Decision Text

ARMY | BCMR | CY2009 | 20090012401
Original file (20090012401.txt) Auto-classification: Approved
		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090012401 


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 instead of the Korean Service Medal.

2.  The applicant states that the out-processing clerk incorrectly entered the Korean Service Medal on his DD Form 214.

3.  The applicant provides a copy of his Officer Record Brief (ORB), dated 26 November 2001; and a copy of his DD Form 214, dated 11 May 2007 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a Regular Army (RA) Field Artillery (FA) second lieutenant on 23 September 1993.  He served in various command and staff positions and he was promoted to captain (CPT).

2.  The applicant’s records also show he served in Korea from on or around 12 October 1997 to on or around 1 November 1998.

3.  The applicant’s records further show he was honorably discharged on 16 November 2001 in the rank of CPT and on the next day, he was appointed as 


a U.S. Army Reserve (USAR) commissioned officer of the Army.  He was promoted to major on 20 May 2005.

4.  On 13 November 2005, the applicant was ordered to active duty in support of Operation Iraqi Freedom and he subsequently served in Iraq from 26 April 2006 to 17 April 2007.  He was honorably released from active duty on 11 May 2007.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows several awards among which are the Korean Service Medal and the Iraq Campaign Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions:  Within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander in Chief, Far East (CINCFE), other than one within the territorial limits of Korea, which has been designated by the CINCFE, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the CINCFE, testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.

	b.  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 from 28 July 1954 to a date to be determined by the Secretary of Defense.  Members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

7.  Review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.

8.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of 
Operation Iraqi Freedom: Liberation of Iraq (19 March 2003 to 1 May 2003); Transition of Iraq (2 May 2003 to 28 June 2004); Iraqi Governance (29 June 2004 to 15 December 2005); and National Resolution (16 December 2005 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Korea from on or about 12 October 1997 to on or around 1 November 1998.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal.  It appears that this award was incorrectly entered as the Korean Service Medal on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the correct award.

2.  The evidence of record further shows that the applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom from 26 April 2006 to 17 April 2007 and he was awarded the Iraq Campaign Medal.  Additionally, he participated in the National Resolution campaign during his service in Iraq.  Therefore, he is also entitled to a bronze service star to be affixed to his already-awarded Iraq Campaign 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:

   a.  deleting from item 13 of his DD Form 214 for the period ending 11 May 2007 the Korean Service Medal and the Iraq Campaign Medal; and


b.  adding to item 13 of his DD Form 214 for the period ending 11 May 2007 the Korea Defense Service Medal and the Iraq Campaign Medal with one bronze service star.



      ___________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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ABCMR Record of Proceedings (cont)                                         AR20090012401



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