IN THE CASE OF:	

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090020874 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he is authorized the:

* National Defense Service Medal (second award)
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

2.  The applicant states eligibility for these medals was not established until after he was discharged.

3.  The applicant provides a copy of his 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's military personnel records show he enlisted in the Regular Army on 30 September 1992 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Infantryman).  He reenlisted on 23 May 1995 and 7 October 1997.

3.  The applicant was assigned to D Company, 1st Battalion, 9th Infantry at Camp Casey, Republic of Korea from 28 February 1997 to 26 February 1998.

4.  On 6 March 2002, the applicant was discharged by reason of disability with severance pay.  He had completed 9 years, 5 months, and 7 days of active service that was characterized as honorable.  

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he is authorized the National Defense Service Medal.  Item 13 does not list the Global War on Terrorism Service Medal or the Korea Defense Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period from 27 July 1950 through 27 July 1954, from 1 January 1961 through 14 August 1974, from 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.  The regulation provides that a bronze service star affixed to the service ribbon denotes the second award of the National Defense Service Medal.

7.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal 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 for the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, or the Afghanistan Campaign Medal on or after 11 September 2001.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is authorized the:

* National Defense Service Medal (with one bronze service star)
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

2.  The applicant served honorably during the period from 2 August 1990 through 30 November 1995, and after 11 September 2001.  Therefore, the applicant is entitled to a second award of the National Defense Service Medal, denoted by a bronze service star worn on the service ribbon.

3.  The applicant served in support of the Global War on Terrorism for more than 30 consecutive days outside the area of eligibility for the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, and the Afghanistan Campaign Medal.  Therefore, he is authorized the Global War on Terrorism Service Medal.

4.  The applicant was assigned to a unit in the Republic of Korea for a period in excess of 30 consecutive days.  Therefore, he is authorized the Korea Defense Service 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 amending item 13 of his DD Form 214 by:

* Deleting: National Defense Service Medal
* Adding: National Defense Service Medal with one bronze service star
	Global War on Terrorism Service Medal
	Korea Defense 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)                                         AR20090020874



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020874



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1