Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100017853
Original file (20100017853.txt) Auto-classification: Approved

		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 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 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100017853



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090017351

    Original file (20090017351.txt) Auto-classification: Approved

    The applicant states: * he served 12 months in Korea from June 1982 to June 1983 * he served at the beginning of the war and reported to Kuwait on 2 March 2003 * he entered Iraq on or about 3 May 2003 prior to being evacuated to Landstuhl Army Hospital for surgery on 3 July 2003 * he received a Legion of Merit on 6 October 2003 but it is not on his DD Form 214 3. Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the...

  • ARMY | BCMR | CY2015 | 20150003123

    Original file (20150003123.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * National Defense Service Medal (NDSM) (3rd Award) * Southwest Asia Service Medal (SWASM) * Global War on Terrorism Service Medal (GWOTSM) * Korea Defense Service Medal (KDSM) 2. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period...

  • ARMY | BCMR | CY2010 | 20100023857

    Original file (20100023857.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM), a second award of the National Defense Service Medal (NDSM), and the Global War on Terrorism Service Medal (GWOTSM). The evidence of record confirms the applicant completed two tours of duty in Korea during the period of eligibility for the KDSM. It also confirms he served on active duty during two separate NDSM periods of eligibility...

  • ARMY | BCMR | CY2012 | 20120010755

    Original file (20120010755.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the: * Korea Defense Service Medal (KDSM) * Iraq Campaign Medal (ICM) * Global War on Terrorism Service Medal (GWOTSM) * Noncommissioned Officer Professional Development Ribbon (NPDR) with Numeral 2 * Overseas Service Ribbon (OSR) with Numeral 3 * National Defense Service...

  • ARMY | BCMR | CY2009 | 20090002052

    Original file (20090002052.txt) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2002 be corrected to show additional active duty service from 3 December 2006 to 6 December 2006 or that he be issued a DD Form 214 for this period of service. The applicant states that he was not issued a new DD Form 214 after his release from active duty on 6 December 2006, that he served in Korea from July 1994 to November 1995, that he was on...

  • ARMY | BCMR | CY2011 | 20110018660

    Original file (20110018660.txt) Auto-classification: Approved

    The applicant requests a 2nd award of the Combat Infantryman Badge (CIB) and award of the Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), and the Korea Defense Service Medal (KDSM). He goes on to state he is also eligible for the KDSM for his service in Korea, the GWOTSM, and the ICM for his service in Iraq from February to August 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to...

  • ARMY | BCMR | CY2014 | 20140002368

    Original file (20140002368.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom during the period 19 March 2003 through 31 December 2011. Army Regulation 600-8-22 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. As a result, the Board recommends that all Department of the Army records...

  • ARMY | BCMR | CY2007 | 20070009054

    Original file (20070009054.txt) Auto-classification: Approved

    He also request that his Meritorious Service Medal (MSM) (2nd award) be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty). The evidence of record shows that the applicant was awarded three MSM(s). The evidence of record also shows that the applicant met the criteria for award of the National Defense Service Medal with bronze service star for his service in support of Operation Enduring Freedom outside the area of eligibility, from 11 September 2001 to a date...

  • ARMY | DRB | CY2005 | 20050008781

    Original file (20050008781.doc) Auto-classification: Approved

    The KDSM is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. The evidence of record confirms that based on his service in Korea and the active duty service he performed after 11 September 2001, the applicant is entitled to the KDSM and GWOTSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his...

  • ARMY | BCMR | CY2010 | 20100012109

    Original file (20100012109.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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. However, he has failed to show through the evidence submitted with his application, and the evidence of record does not show, that such was the case. As a result, the Board recommends that all Department of the Army records of the individual...