IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090013923 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal and the Global War on Terrorism Expeditionary Medal.  

2.  The applicant states that he received the aforementioned medals and requests correction to his DD Form 214 to show the medals.

3.  The applicant does not provide any supporting documents with 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 on 26 August 1968.  He served as a Combat Missile Systems Repairman.  The highest rank he attained was specialist five/pay grade E-5.

3.  Records show the applicant served in the Republic of Korea from 23 August 1970 to 17 August 1971.  He was assigned to the 30th Ordnance Company, U.S. Army Pacific-Korea.

4.  The applicant was honorably released from active duty on 18 August 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve service obligation.  He was issued a DD Form 214 that shows he served on active duty for 2 years, 11 months, and 23 days with foreign service credit of 11 months and 25 days.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  The applicant's DA Form 20 (Enlisted Qualification Record), dated 26 August 1970, shows in item 29 (Qualification in Arms) that he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert, Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows award of the National Defense Service Medal and the Armed Forces Expeditionary Medal.

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no condition will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal. 


9.  Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Award of the Korea Defense Service Medal for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Armed Forces Expeditionary Medal during a period of qualifying service between 1 October 1966 and 30 June 1974, the applicant is entitled to award of the Korea Defense Service Medal. 

2.  The evidence of record shows the applicant was not a member of the U.S. Army or Reserve component during a qualifying period of service for award of the Global War on Terrorism Service Medal for he was discharged on 18 August 1971.  Therefore, he is not entitled to have his DD Form 214 corrected to show this award. 

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 a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  amending his DD Form 214 to show award of the Korea Defense Service Medal; and 

   b.  issuing him a document to show the above correction.
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 award of the Global War on Terrorism Expeditionary 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)                                         AR20090013923



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013923



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1