IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100010287
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) and the Global War on Terrorism Service Medal (GWOTSM) and that these awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* he was never awarded the KDSM even though he was assigned to Korea for 14 years and 21 days
* he was never awarded the GWOTSM for which he is qualified based on his service after 11 September 2001
* he is fully eligible for both awards based on the statutory requirements, service in the Republic of Korea, and service on active duty after 11 September 2001
3. The applicant provides a copy of his DD Form 214, orders for award of the Army Achievement Medal, his Enlisted Record Brief, and Noncommissioned Officer Evaluation Reports (NCOER's) covering the period July 1989 through June 2003.
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 10 January 1984.
3. Headquarters, 2nd Infantry Division, Orders 38-8, dated 22 February 1987, show the applicant was awarded the Army Achievement Medal for meritorious service in Korea from 12 December 1985 to 8 January 1987.
4. The applicant's NCOER's covering the period July 1989 through June 2003 show he was assigned to the 532nd Military Battalion, 501st Military Intelligence Brigade, Eighth U.S. Army in South Korea.
5. His Enlisted Record Brief shows his last assignment and second previous assignment as Yong San, Korea, and his third previous assignment as Camp Humphrey, Korea.
6. The applicant retired from active duty on 31 January 2004. His DD Form 214 shows he completed 14 years and 26 days of foreign service. His DD Form 214 does not show entitlement to the KDSM or the GWOTSM.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 600-8-22 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 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 this award.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions in regard to his entitlement to award of the KDSM and the GWOTSM are acknowledged. The evidence of record is sufficient as a basis to grant the relief requested.
2. The applicant's NCOER's, Enlisted Record Brief, and orders for the Army Achievement Medal are accepted as sufficient documents to confirm he served a period of qualifying service in Korea for award of the KDSM and correction of his records to show this award.
3. The evidence of record shows the applicant was serving on active duty on 11 September 2001; therefore, he is eligible for award of the GWOTSM and correction of his DD Form 214 to show this award.
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 to add the KDSM and the GWOTSM.
____________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) AR20100010287
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