IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090019433
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 Global War on Terrorism Service Medal (GWOTSM) and the Korea Defense Service Medal (KDSM).
2. The applicant states he recently found out about legislation changes which affect him. He was unaware of these changes at the time of his retirement from the military.
3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record Part II) and his DD Form 214 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 applicants 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 applicants 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 January 1984 and continued to serve on active duty through a series of reenlistments.
3. His DA Form 2-1 shows he served in Korea from 9 May 1995 to 8 May 1996 and Kuwait from 3 April 2002 to 2 October 2002.
4. The applicant retired on 31 January 2004. His DD Form 214 does not show entitlement to the GWOTSM or the KDSM.
5. Item 18 (Remarks) on his DD Form 214 shows the entry SERVICE IN SOUTHWEST ASIA 20020403 20021002.
6. Army Regulation 600-8-22 (Military Awards) 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 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 the GWOTSM.
7. Army Regulation 600-8-22 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 from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. 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 to show this award.
2. The applicant's service personnel records confirm he served in Korea from May 1995 to May 1996. Therefore, he has served a period of qualifying service for award of the KDSM and this award should be added to his DD Form 214.
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 GWOTSM and the KDSM to 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.
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