IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100001019
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 the following documentation be added to his official military personnel file:
* DA Form 2-1 (Personnel Qualification Record)
* Officer Record Briefs
* Assignment related orders
2. He also requests, in effect, award of the Korea Defense Service Medal.
3. The applicant states:
* His enlisted service records are missing, which include records showing his service in Korea
* His assignment to Company B, 1st Battalion, 9th Infantry Regiment, 2nd Infantry Division from 1980 through 1981 entitles him to the Korea Defense Service Medal
* Subsequent to becoming a warrant officer all of his enlisted records were removed
4. The applicant provides:
* An undated memorandum from the Chief, Personnel Records Branch
* The first page of his DA Form 20
* Orders 327-163 dated 9 December 1980
* 1st Indorsement to Orders 327-163 dated 23 March 1981
* His Officer Record Brief
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's request for documents to be included in his official military personnel record does not fall within the purview of this Board. He should exhaust his administrative remedies to this portion of his request by submitting copies of the documents that he wishes to have included in his official file to the Department of the Army Human Resources Command, 9700 Page Avenue, St. Louis, Missouri 63136-5200. Therefore, this issue will not be further addressed in these ABCMR Proceedings.
3. On 1 June 1973, the applicant enlisted in the Regular Army (RA) for 3 years. He completed training as a unit supply specialist. He reenlisted in the RA for 3 years on 10 March 1976. He was issued DD Forms 214 for these two periods of enlistment, which show he was awarded the National Defense Service Medal.
4. On 19 December 1978 reenlisted in the RA for 3 years. His DA Form 2-1 shows that he served in Korea for 12 months from 15 February 1980 through 10 February 1981.
5. The applicant reenlisted in the RA again on 12 November 1981. After completing 12 years, 9 months and 17 days of total active service, the applicant was honorably discharged on 17 March 1986 to accept an appointment as a warrant officer.
6. The DD Form 214 he was issued covering this period of service shows the following awards:
* Army Achievement Medal (First Award)
* Army Commendation Medal (Third Award)
* Army Service Ribbon
* Army Good Conduct Medal (Fourth Award)
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon (Numeral 3)
* Meritorious Service Medal (First Award)
7. The Korea Defense Service Medal was not included on his DD Form 214.
8. The applicant retired on 30 April 2003. The awards shown on the DD Form 214 he was issued are as follows:
* Meritorious Service Medal (Fourth Award)
* Army Commendation Medal (Sixth Award)
* Army Achievement Medal
* Retired Lapel Button
* Army Good Conduct Medal (Fourth Award)
* National Defense Service Medal (Third Award)
* Noncommissioned Officer's Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (Fourth Award)
9. Army Regulation 600-8-22 (Military Awards) 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.
10. Army Regulation 600-8-22 states 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 (AOE) on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty 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.
DISCUSSION AND CONCLUSIONS:
1. Based on the available records, the applicant is authorized the award of the Korea Defense Service Medal.
2. His records show he served in Korea for 12 months from 15 February 1980 through 10 February 1981. Therefore, his final DD Form 214 should be amended to include this award.
3. He is also authorized the Global War on Terrorism Service Medal based on his service on 11 September 2001.
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 his DD Form 214 for the period ending 30 April 2003 to add the following two awards:
* Korea Defense Service Medal
* 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) AR20100001019
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) ARMY | BCMR | CY2009 | 20090010137
Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The evidence of record shows the applicant served a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. With respect to the Overseas Service Ribbon, the available evidence shows the applicant completed a period of 6 months and 10 days of foreign service in support of OEF in Kuwait.
ARMY | DRB | CY2005 | 20050008125
The HRC Message provides that Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements for both awards; however, the same period of service establishing eligibility for one cannot be used to justify service eligibility for the other award. The evidence shows the applicant was a member of a Reserve component, on and after 11 September 2001. The Board determined that the evidence presented was...
ARMY | BCMR | CY2011 | 20110016987
Army Regulation 600-8-22 (Military Awards) states: a. Her DD Form 214, dated 12 June 2008, should be amended to show her foreign service credit and that she is authorized the following awards: * Army Commendation Medal (Second Award) * Army Good Conduct Medal (Fourth Award) * National Defense Service Medal with two bronze service stars * Global War on Terrorism Expeditionary Medal * Iraq Campaign Medal with two bronze service stars * Overseas Service Ribbon (Numeral 2) * Army Lapel...
ARMY | BCMR | CY2009 | 20090003697
The applicant requests that the Korea Defense Service Medal and the Global War on Terrorism Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show that he was awarded the Korea Defense Service Medal, the Global War on Terrorism Service Medal and the National Defense Service Medal. _______ _ _x______...
ARMY | BCMR | CY2008 | 20080018822
The evidence of record shows the applicant was awarded two Overseas Service Ribbons. The evidence of record also shows that the applicant was awarded the National Defense Service Medal for his honorable active service for the period between 2 August 1990 through 30 November 1995 and this award is shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of the applicant's DD Form...
ARMY | BCMR | CY2013 | 20130004363
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Korea Defense Service Medal * Global War on Terrorism Service Medal * Army Reserve Components Achievement Medal (2nd Award) 2. As for the Army Reserve Components Achievement Medal, this is due to an error by his former Army National Guard (ARNG) unit to follow the regulation which changed the requirement for this award from 4 to 3 years. Therefore, he served a qualifying...
ARMY | BCMR | CY2013 | 20130002174
The applicant provides: * Permanent Orders 353-4, issued by Headquarters, III Corps, Fort Hood, dated 19 December 2003, with an attached list of deploying Soldiers * his Enlisted Record Brief (ERB), dated 23 February 2005 * his DD Form 214 * a letter from the Washburn County Veterans Service Office, dated 24 January 2013 CONSIDERATION OF EVIDENCE: 1. The DD Form 214 he was issued shows in: a. item 12f (Record of Service Foreign Service) the entry "0000 00 00"; b. item 13 (Decorations,...
ARMY | BCMR | CY2011 | 20110013685
Application for correction of military records (with supporting documents provided, if any). On 18 December 2003, he was ordered to active duty as a member of his TNARNG unit in support of OIF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the period ending 29 April 2005 the: * Korean Service Medal * War on Terrorism Expeditionary Medal * War on Terrorism Service Medal *...
ARMY | BCMR | CY2011 | 20110016308
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Korea Defense Service Medal * Global War on Terrorism Service Medal 2. The evidence of record shows the applicant served in Korea from December 1987 to December 1988 and July 2002 to June 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Korea Defense...
ARMY | BCMR | CY2011 | 20110011043
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Iraq Campaign Medal * all awards and decorations as a result of his service in Iraq * Army Commendation Medal * six awards of the Army Achievement Medal * two or three awards of the Overseas Service Ribbon 2. Army Regulation 600-8-22 states that a formal recommendation,...