IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100013112 


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) for the period ending 31 December 1990 to reflect award of the:

* Army Commendation Medal (ARCOM) 
* Korea Defense Service Medal (KDSM) 
* two awards of the National Defense Service Medal (NDSM)  

2.  The applicant states he was issued permanent orders which awarded him the ARCOM.  He also states he served in the Republic of Korea 14 weeks which qualifies him for the KDSM, and that a second NDSM should be awarded based on a second qualifying period.  

3.  The applicant provides the following 

* Permanent Orders 10-1, dated 24 August 1985 awarding the ARCOM
* The ARCOM award certificate
* His DD Form 214 for the period ending 31 December 1990

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 record shows he initially enlisted in the Regular Army (RA) on 
12 April 1968 for a period of 3 years.  He completed the training requirements and he was awarded military occupational specialty 16R (Air Defense Artillery Short Range Gunnery Crewman).  He served honorably until he was discharged on 11 December 1978.  

3.  After a break in service, he enlisted in the RA on 19 October 1981.  His 
DD Form 214 shows he was honorably separated on 31 December 1990 for the purpose of retirement.  He had served a total of 20 years, 1 month, and 29 days of active federal service.  His rank at the time of retirement was sergeant first class. 

4.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was credited with serving 87 days of temporary duty (TDY) in the Republic of Korea during the following periods:

* 9 – 24 March 1985 = 16 days
* 6 – 15 September 1985 = 10 days
* 3 – 20 April 1986 = 18 days
* 1 – ?? February 1987 = total number of days unknown
* 1 – 12 August 1987 = 12 days
* 2 – 17 April 1988 = 16 days
* 3 – 17 December 1988 = 15 days

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 31 December 1990 shows he was awarded the following:

* NDSM
* Army Service Ribbon
* Overseas Service Ribbon (Numeral 2)
* Noncommissioned Officer Professional Development Ribbon (Numeral 3)
* Army Achievement Medal (2nd Oak Leaf Cluster)
* Army Achievement Medal Overseas Training Ribbon (7th Award)

* Army Good Conduct Medal (Fifth Award)
* Armed Forces Reserve Medal
* Meritorious Service Medal

6.  The applicant provides a copy of Permanent Orders 10-1, dated 24 August 1985, awarding him the ARCOM. 

7.  Army Regulation 600-8-22 (Military Awards) shows the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003.  This regulation provides 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, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  It states, in pertinent part, that it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea performed between 28 July 1954, and a date to be determined.  

8.  Army Regulation 600-8-22 as amended provides, in pertinent part, that the NDSM is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the ARCOM, KDSM, and a second award of the NDSM should be added to his DD Form 214.  His contentions were carefully considered and were found to have merit.  

2.  Permanent orders awarded the applicant the ARCOM.  He is therefore entitled to have his DD Form 214 corrected by adding this medal. 

3.  The evidence of record confirms the applicant was credited with serving in Korea during seven separate periods of TDY, totaling more than 
60 nonconsecutive days.  This qualifies him for award of the KDSM.  Therefore, he is entitled to have this medal added to his DD Form 214.

4.  The applicant’s DD Form 214 for the period ending 31 December 1990 currently reflects one award of the NDSM.  However, his records confirm he served on active duty during two qualifying periods for this award.  Therefore, he is entitled to have his DD Form 214 corrected to reflect the NDSM with a bronze service star.  
BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  deleting from item 13 of his DD Form 214 for the period ending 
31 December 1990 the NDSM, and

	b.  adding to item 13 of his DD Form 214 for the period ending 31 December 1990 the following awards:

		(1)  Army Commendation Medal;

		(2)  Korea Defense Service Medal; and

		(3)  National Defense Service Medal with one bronze service star.



      _______ _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)                                         AR20100013112



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ABCMR Record of Proceedings (cont)                                         AR20100013112



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