IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013301 


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 records to show award of the Korea Defense Service Medal.

2.  The applicant states he served in Korea; however, the Korea Defense Service Medal was authorized after he was discharged from the U.S. Army.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record) and a letter from the National Personnel Records Center.

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 for a period of 4 years on 11 October 1988.  Upon completion of training he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  He reenlisted for a period of 4 years on 9 June 1992.

3.  The applicant's DA Form 2-1 shows in:

	a.  item 5 (Oversea Service) that he served in U.S. Army Europe - Germany from 3 February 1989 through 2 May 1991 and in the Far East Pacific Area - Korea from 15 June 1994 through 14 June 1995;

	b.  item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Army Good Conduct Medal (2nd Award), Army Achievement Medal (4th Award), Noncommissioned Officer Professional Development Ribbon, Army Lapel Button, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar; and

	c.  item 35 (Record of Assignments) that he was assigned to the 1st Battery, 15th Field Artillery, 2nd Infantry Division, Korea, from 20 June 1994 through 14 June 1995.

4.  The applicant's DD Form 214 shows he entered active duty this period on 11 October 1988, was honorably discharged from active duty on 8 June 1996.

	a.  At the time he had completed 7 years, 7 months, and 28 days of net active service.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal (5th Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Lapel Button, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  In support of this application, the applicant provides a copy of a National Personnel Records Center, St. Louis, Missouri, letter, dated 2 November 2006, that verified the applicant's entitlement to the Korea Defense Service Medal.

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.


7.  Headquarters, Augsburg Personnel Service Center, 569th Personnel Service Company, 7th Personnel Group, Germany, Permanent Orders Number 107-10, dated 27 December 1990, awarded the applicant the Driver and Mechanic Badge with "W" [Wheel Vehicle] Component Bar for attainment of a high degree of skill in the maintenance and operation of military vehicles.

8.  A DA Form 4980-14 (Army Commendation Medal Certificate) shows the applicant was awarded the Army Commendation Medal for meritorious service from 1 October 1988 to 8 June 1996 per Headquarters, 41st Field Artillery, Fort Stewart, Georgia, Permanent Orders Number 63-2, dated 11 March 1996.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Korea Defense Service Medal because he served in Korea; however, the service medal was authorized after he was discharged from the U.S. Army.

2.  The evidence of record shows:

	a.  The applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal and he was authorized the service medal by the National Personnel Records Center;

	b.  Permanent orders awarded the applicant the Army Commendation Medal; and

	c.  Permanent orders awarded the applicant the Driver and Mechanic Badge with "W" Component Bar.

	d.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the aforementioned awards and decorations.



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 is 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 to item 13 of his DD Form 214 the Army Commendation Medal, Korea Defense Service Medal, and Driver and Mechanic Badge with "W" Component Bar.



      ___________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)                                         AR20100013301



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ABCMR Record of Proceedings (cont)                                         AR20100013301



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