IN THE CASE OF:	  

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090017351 


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 award of the Korea Defense Service Medal (KDSM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Iraq Campaign Medal.  He also requests correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to show award of the Legion of Merit. 

2.  The applicant states:

* he served 12 months in Korea from June 1982 to June 1983
* he served at the beginning of the war and reported to Kuwait on 2 March 2003
* he entered Iraq on or about 3 May 2003 prior to being evacuated to Landstuhl Army Hospital for surgery on 3 July 2003
* he received a Legion of Merit on 6 October 2003 but it is not on his 
DD Form 214   

3.  The applicant provides:

* four applications
* Officer Record Brief
* orders for the Army Commendation Medal with First Oak Leaf Cluster
* retirement orders
* orders for the Legion of Merit
* DD Form 214  


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 entered active duty on 11 June 1978.  He served as a chaplain and retired in the rank of colonel on 31 January 2004.

3.  The applicant's DD Form 214 shows the Bronze Star Medal, Meritorious Service Medal (4th Award), Army Commendation Medal (2nd Award), National Defense Service Medal (2nd Award), Army Service Ribbon, and Overseas Service Ribbon with Numeral 2 as authorized awards.

4.  The applicant's Officer Record Brief shows he served 12 months in Korea from June 1982 to June 1983.   

5.  Records at the Defense Finance and Accounting Service show the applicant served in a combat zone receiving imminent danger pay during the period 
1 December 2002 to 27 July 2003 in Kuwait.  

6.  The applicant's Officer Evaluation Report for the period 28 January 2003 through 31 July 2003 states "Serves as Special Staff Officer to the Commander, 3D COSCOM, providing Religious Combat Services Support to V Corps Rear in Kuwait and Northern Iraq."

7.  The applicant provided a copy of Headquarters, Victory Corps Permanent Orders #279-001, dated 6 October 2003, which show he received the Legion of Merit for exceptionally meritorious service from 1 September 1993 to 
1 September 2003. 

8.  On 7 April 2010, the applicant was notified by separate correspondence that he was eligible for either the GWOTEM or the Iraq Campaign Medal for qualifying service in recognition for his service in Iraq.  He responded and requested that he be awarded the Iraq Campaign Medal for his service in Iraq.
9.  Army Regulation 600-8-22 (Military Awards) states 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 and 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.  

10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq, 19 March 2003 - 1 May 2003; Transition of Iraq, 2 May 2003 - 28 June 2004; Iraqi Governance, 29 June 2004 - 15 December 2005; National Resolution, 16 December 2005 - 
9 January 2007; Iraqi Surge, 10 January 2007 - 31 December 2008; and Iraqi Sovereignty, 1 January 2009 - Date to be determined.

11.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  Based on the applicant's service in Kuwait/Iraq, he is eligible for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Orders show the applicant received the Legion of Merit.  Therefore, his 
DD Form 214 should be corrected to show this award. 

4.  The applicant served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this 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 the KDSM, Iraq Campaign Medal with two bronze service stars, Legion of Merit, and GWOTSM on his DD Form 214.



      _______ _   _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)                                         AR20090017351





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ABCMR Record of Proceedings (cont)                                         AR20090017351



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