IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100017853
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) to show award of the National Defense Service Medal (NDSM) with one bronze service star, Global War on Terrorism Service Medal (GWOTSM), and Korea Defense Service Medal (KDSM).
2. The applicant states in accordance with Army Regulation 600-8-22 (Military Awards) he is now authorized these medals. He contends changes to the regulation for authorization of these medals occurred after he retired.
3. The applicant provides:
* DD Form 214
* Assignment orders for Korea, dated 15 June 1983
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 enlisted in the Regular Army on 6 October 1981 and trained as a fire support specialist, cannon crewmember, and aviation operations specialist. He remained on active duty through continuous reenlistments until he retired on 31 March 2002 in the rank of sergeant first class.
3. The applicant's DD Form 214 does not show the NDSM with one bronze service star, GWOTSM, or KDSM as authorized awards.
4. In support of his claim for the KDSM, the applicant provided permanent change of station orders, dated 15 June 1983, which show he was assigned to Korea on 15 September 1983.
5. The applicant's Enlisted Evaluation Report covering the period May 1984 to July 1984 shows he was assigned to Korea.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
7. 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 (AOE) 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 the GWOTSM.
8. Army Regulation 600-8-22 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during two periods of qualifying service for award of the NDSM with one bronze service star. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant served a period of qualifying service for award of the GWOTSM and KDSM. Therefore, his DD Form 214 should be corrected to show these medals.
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 adding the NDSM with one bronze service star, GWOTSM, and KDSM to his DD Form 214.
_________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) AR20100017853
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ABCMR Record of Proceedings (cont) AR20100017853
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