IN THE CASE OF:	

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090013231 


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 issuance of a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) to reflect award of the Meritorious Service Medal (MSM), Korea Defense Service Medal (KDSM), and the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states that the MSM was not posted to his DD Form 214 at the time of his retirement.  He states the KDSM and the GWOTSM were authorized for the periods he served, which also are not annotated on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending
31 October 2002; a DA Form 638 (Recommendation for Award) for the MSM, dated 7 September 2002; a Memorandum for Record, subject: Award Army Reserve Component Overseas Training Ribbon, dated 26 June 2006; a Certificate of Appreciation, dated 20 June 2000; and his DA Form 2-1 (Personnel Qualification Record – Part II) in support of his application.

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 Regular Army (RA) on 14 January 1977 and he was honorably discharged on 25 June 1983.  Effective the following day, he enlisted in the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  The applicant was ordered to active duty in an Active Guard Reserve (AGR) status on 27 August 1989.

4.  His DA Form 2-1 shows he served in Korea for annual training (AT) during the following periods: 9 June 1993 to 29 June 1993; 3 June 1995 to 24 June 1995; 5 August 1995 to 15 August 1995; and 24 April 2000 to 27 May 2000.

5.  The applicant provided a Memorandum for Record, dated 26 June 2000, which shows he was eligible to wear the Army Reserve Component Overseas Training Ribbon for successful completion of AT for a period not less than 10 consecutive duty days on foreign soil.  The location of overseas training was identified as Korea and the "Complete Duration" was 24 April 2000 to 24 June 2000.

6.  The applicant provided a copy of a DA Form 638 and award certificate which show he was awarded the MSM for meritorious service from 16 August 1999 to 1 October 2002 by the 96th Regional Support Command (RSC), Permanent Order Number 328-009, dated 24 November 2002.

7.  The applicant was released from active duty on 31 October 2002 and he was placed on the Retired List on the following day.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 October 2002 does not show entitlement to the MSM, KDSM or the GWOTSM.

8.  The applicant applied to this Board in 11 April 2004 wherein he requested correction of his records to show award of the MSM and the KDSM.  On
8 December 2004, his case was administratively closed by letter.  The applicant 


was informed that the Case Management Support Division (CMSD), St. Louis, 
MO would be asked to administratively correct his records to reflect entitlement 
to the MSM.  He was also advised to submit his request for award of the KDSM to the National Personnel Records Center, St. Louis, MO.  There is no evidence which shows the applicant’s records were corrected to reflect the MSM or the KDSM.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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.

10.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001
to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the MSM; therefore, this award should be added to his DD Form 214 for the period ending 31 October 2002.

2.  The applicant's service personnel records confirm he served a period of qualifying service in Korea for award of the KDSM; therefore, this award should be added to his DD Form 214 for the period ending 31 October 2002.

3.  The evidence of record shows the applicant was on active duty on 11 September 2001 for more than 30 days; therefore, he is eligible for award      of the GWOTSM and correction of his DD Form 214 for the period ending         31 October 2002 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 adding to item 13 of his DD Form 214 for the period ending 31 October 2002 the Meritorious Service Medal, Korea Defense Service Medal, and the Global War on Terrorism 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.

ABCMR Record of Proceedings (cont)                                         AR20090013231



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ABCMR Record of Proceedings (cont)                                         AR20090013231



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