IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100023857
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 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).
2. The applicant states he completed multiple tours in Korea, served during two separate qualifying periods for the NDSM, and met the service eligibility requirements for the GWOTSM.
3. The applicant provides his Officer Record Brief (ORB) in support of his application.
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's record shows he initially entered active duty in the Regular Army in an enlisted status on 13 October 1981 and served in that status until being appointed as a warrant officer on 3 December 1993. He was promoted to the rank of chief warrant officer two (CW2)/W-2 on 3 December 1995 and this is the highest rank he held while serving on active duty.
3. The applicant's ORB shows he completed two separate overseas tours of duty in Korea in 1987 and 1997, respectively. The record shows the applicant earned the following awards during his active duty tenure:
* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (5th Award)
* Joint Service Achievement Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (4th Award)
* NDSM
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal
* Humanitarian Service Medal
* United Nations Service Medal
* Joint Meritorious Unit Award
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Driver and Mechanic Badge with Mechanic Bar
4. On 31 October 2001, the applicant was honorably retired after completing 20 years and 18 days of active military service.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-10 contains guidance on the NDSM. It states it is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. To signify receipt of a second or subsequent award of the NDSM, a service star will be worn on the service ribbon by U.S. Army personnel so qualified. A second or third award of the NDSM is authorized for Soldiers who served in one or more of the four time periods identified. It is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility.
6. Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on the GWOTSM. It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in support of the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.
7. Paragraph 2-20 of Army Regulation 600-8-22 contains guidance on the KDSM. It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea from 28 July 1954 through a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he is eligible for the KDSM, a second award of the NDSM, and the GWOTSM has been carefully considered and is found to have merit. 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 (2 August 1990-30 November 1995 and 11 September 2001-present), and that he completed more than 30 consecutive days of active duty service in support of the Global War on Terrorism after 11 September 2001. Therefore, it would be appropriate to correct the applicant's record and DD Form 214 accordingly.
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 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his 31 October 2001 DD Form 214 by
deleting the current NDSM entry, replacing it with the entry "National Defense Service Medal (2nd Award)," and by adding the KDSM and GWOTSM.
_____________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) AR20100023857
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