IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100026106
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 add the Global War on Terrorism Service Medal (GWOTSM) and Korea Defense Service Medal (KDSM).
2. The applicant states these awards were established after he retired.
3. The applicant provides his 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's military records show that he enlisted in the Regular Army on 12 March 1987 with prior active and inactive service, served in the military occupational specialty of infantryman, and was promoted to pay grade E-6.
3. His records contain a DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period June 1996 to May 1997 while he was assigned to Camp Casey, South Korea.
4. He was retired for years of service on 10 June 2002 and placed on the Retired List the following day.
5. Award of the GWOTSM is authorized to Soldiers who participated in or served in support of Global War on Terrorism operations. U.S. Army Human Resources Command Awards Branch personnel have advised that the GWOTSM has been awarded and will continue to be awarded to all Army personnel who serve on active duty for 30 consecutive days or more since 27 September 2001.
6. The KDSM is authorized to members of the Armed Forces who 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water areas.
DISCUSSION AND CONCLUSIONS:
1. The applicant's NCOER confirms he served in Korea. His records also show he served on active duty after 27 September 2001.
2. As such, he is entitled to amendment of his DD Form 214 to add the KDSM and the GWOTSM.
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 his DD Form 214 for the period ending 30 June 2002 to add the KDSM and the 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) AR20100026106
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