BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022359 


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, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty), date of 5 August 1999, and his National Guard Bureau NGB Form 22 (Report of Separation and Record of Service), dated 
29 March 2002, be corrected to show he was awarded or is authorized the:

* Army Achievement Medal
* Korea Defense Service Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal

2.  The applicant states his Army Achievement Medal was awarded when his 
DD Form 214 was being prepared; therefore, it is not listed.  He also states the Korea Defense Service Medal, National Defense Service Medal, and Global War on Terrorism Service Medal were established after he was separated from the Army.

3.  The applicant provides his:

* DD Form 214
* NGB Form 22


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.  National Guard Regulation 600-200 (Enlisted Personnel Management) states, in paragraph 6-18 (Amendments and corrections to NGB Form 22), that when it is determined from official records that an NGB Form 22 contains an error or omission of pertinent facts, discharge authorities may issue an NGB Form 22A (Correction to NGB Form 22).  There is no evidence the applicant has requested that the Georgia Army National Guard (GAARNG) correct his NGB Form 22.  He must first submit his request to the Adjutant General of the GAARNG.  Therefore, changes to his NGB Form 22 will not be discussed further in these proceedings.

3.  On 11 September 1996, he enlisted in the Regular Army for a period of 
3 years.  He completed the training requirements and he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).

4.  He served a tour of duty in the Republic of Korea from 14 July 1998 to 
5 August 1999.

5.  Permanent Order 127-01, dated 7 May 1999, awarded him the Army Achievement Medal.

6.  On 5 August 1999, he was released from active duty.  He completed 2 years, 
10 months, and 25 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon

7.  He served in the GAARNG from 6 August 1999 to 29 March 2002.

8.  Army Regulation 600-8-22 (Military Awards) 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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between:

* 2 August 1990 and 30 November 1995
* 11 September 2001 and a date to be determined

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 Global War on Terrorism Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Achievement Medal.  Therefore, this award should be added to his DD Form 214.

2.  He completed a 13-month tour of duty in Korea after 28 July 1954.  Therefore, he is authorized the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

3.  His period of service from 11 September 1996 to 5 August 1999 does not fall within either of the periods authorized for the award of the National Defense Service Medal.  Therefore, he is not authorized this award.

4.  The Global War on Terrorism Service Medal is awarded for active service on or after 11 September 2001.  Since he was released from active duty on 
5 August 1999 he is not eligible for this award to be added to his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his DD Form 214 to add the:

* Army Achievement Medal
* Korea Defense Service Medal

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the National Defense Service Medal and the Global War on Terrorism Service Medal.  




      _______ _ 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)                                         AR20100022359



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ABCMR Record of Proceedings (cont)                                         AR20100022359



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