IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100018211
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM), and her second award of the Army Commendation Medal (ARCOM).
2. The applicant states she received her second award of the ARCOM after her discharge, and has never received her KDSM, for which she served 15 months in the Republic of Korea (ROK). She further states her Enlisted Record Brief (ERB) identifies her eligibility for award of the KDSM.
3. The applicant provides:
* Army message, KDSM Implementing Instructions, 9 February 2004
* Permanent Orders Number 021-5
* DD Form 214
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 13 March 1996. Her DD Form 214 shows she entered active duty on 14 March 1996, and upon completion of training she was awarded military occupational specialty (MOS) 75F (Personnel Information Systems Management Specialist). The highest rank/grade she held while on active duty was sergeant/E5.
3. She was honorably released from active duty on 13 March 2000 and transferred to the U.S. Army Reserve Control Group to complete her remaining service obligation. She was credited with 4 years of net active service, including 1 year, 3 months, and 26 days of foreign service.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the:
* Army Commendation Medal
* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
5. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record Part II) shows she served in the Far East Pacific Area Korea from 18 November 1998 through 13 March 2000.
6. Permanent Orders Number 021-5, Headquarters, Eighth Personnel Command, dated 24 January 2000, awarded her the ARCOM (1st Oak Leaf Cluster) for meritorious service for the period from 22 November 1998 to 13 March 2000, while serving in the ROK.
7. DA Form 4980-14 (ARCOM Certificate) shows the applicant was awarded the ARCOM for meritorious service from 22 August 1996 to 20 November 1998 by Permanent Orders Number 264-8, Headquarters, Fort George G. Meade, MD, dated 24 September 1998.
8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It states the KDSM 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 ROK. 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's request for correction of her DD Form 214, to add the KDSM and a second award of the ARCOM, was carefully considered and found to have merit.
2. The evidence of record confirms she was credited with serving in the ROK and is qualified for award of the KDSM; therefore, she is entitled to correction of her DD Form 214 to show this award.
3. Permanent orders awarded her two separate awards of the ARCOM; therefore, she is entitled to correction of her DD Form 214 to show both awards.
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 amending item 13 of her DD Form 214 to add the Korea Defense Service Medal and the Army Commendation Medal with First Oak Leaf Cluster.
____________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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018211
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