Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100028805
Original file (20100028805.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100028805 


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, reconsideration for correction of his foreign service on his DD Form 214 for the period ending 23 December 1991.  As a new issue, he requests award of the Korea Defense Service Medal.

2.  The applicant states his prior foreign service reflected on his DD Form 214 for the period ending 3 October 1970 and the Korea Defense Service Medal are not reflected on his DD Form 214 for the period ending 23 December 1991.

3.  The applicant provides his:

* DD Form 214 for the period ending 23 December 1991
* DD Form 214 for the period ending 3 October 1970
* DA Form 20 (Enlisted Qualification Record)

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.  His request for correction of his foreign service in this application is a request for reconsideration.  The ABCMR's decision of 7 June 2000 determined his foreign service on his DD Form 214 was correct.  Army Regulation 15-185 (ABCMR) paragraph 2-15b, governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The applicant's request for reconsideration for correction of his foreign service was not received within one year of the ABCMR's original decision.  His request for reconsideration does not meet the criteria outlined above.  Therefore, this portion of his request will not be discussed further in these Proceedings.

3.  His DA Form 20 shows he served in the Republic of Korea from 2 March 1968 through 15 February 1969 and in Germany from 12 October 1969 to 2 October 1970.

4.  When he reenlisted in the U.S. Army Reserve on 6 December 1990 he had 
3 years and 1 month of previous active service and 10 years, 9 months, and 
14 days of previous inactive service.

5.  On 25 August 1991, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  He was honorably released from active duty on
23 December 1991.  His DD Form 214 for this period shows he completed
3 months and 29 days of active service this period.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Korea Defense Service Medal.  The only Operation Desert Shield/Desert Storm award listed is the Southwest Asia Service Medal with one bronze service star.

6.  Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 2 September to 8 December 1991.


7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  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.

	b.  The Kuwait Liberation Medal - Government of Kuwait awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Korea from 2 March 1968 to 15 February 1969 he is entitled to the Korea Defense Service Medal and this award should be added to his DD Form 214 for the period ending 23 December 1991.

2.  Based on his service in Southwest Asia from 2 September to 8 December 1991 he is entitled to the Kuwait Liberation Medal - Government of Kuwait. Therefore, his DD Form 214 for the period ending 23 December 1991 should be corrected to show this award.

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 to item 13 of his DD Form 214 for the period ending 23 December 1991 the:

* Korea Defense Service Medal
* Kuwait Liberation Medal - Government of Kuwait



      _______ _  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)                                         AR20100028805



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028805



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120006308

    Original file (20120006308.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The period of service in Southwest Asia listed on the Gulf War Roster (1 to 28 February 1991) qualifies him for award of the Southwest Asia Service Medal with a bronze service star (designating his campaign participation in one campaign). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214...

  • ARMY | BCMR | CY2012 | 20120021410

    Original file (20120021410.txt) Auto-classification: Approved

    By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award. In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (2nd Award) based on completion of a qualifying period of active Army service from 29 August 1993 to 28 August 1996 and correcting his DD Form 214 to show this award. As a...

  • ARMY | BCMR | CY2010 | 20100023808

    Original file (20100023808.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea and to show award of the Korea Defense Service Medal. The evidence of record shows the applicant served in Korea during a qualifying period of service for award of the Korea Defense Service Medal which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2010 | 20100006993

    Original file (20100006993.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal (ARCOM), * three Army Achievement Medals (AAM) * Korea Defense Service Medal * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars * three Overseas Service Ribbons * Valorous Unit Award 2. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is...

  • ARMY | BCMR | CY2011 | 20110008030

    Original file (20110008030.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal and Kuwait Liberation Medal. The applicant provides his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "01 02 28" and replacing it with "01 06 22"; b. adding to item 13 of his DD Form 214 the Army...

  • ARMY | BCMR | CY2011 | 20110009352

    Original file (20110009352.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states that 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 ROK. Evidence of record shows that the applicant deployed to Southwest Asia during the period 27 January 1991 through 28 March 1991, which equates to 2 months and 2 days of foreign service. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2011 | 20110022624

    Original file (20110022624.txt) Auto-classification: Approved

    The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service): * Korea from 28 June 1989 through 25 June 1990 * Saudi Arabia from 24 August 1990 (no entry for a "Thru" date) b. item 35 (Record of Assignments): 47th Field Hospital, Fort Sill, Oklahoma, effective 30 July 1990. A calculation of the applicant's two periods of foreign service shows: 1991 04 05 date of redeployment - 1990 08 26 date of deployment to SWA = 00 07 09 + 1 day inclusive = 00 07 10...

  • ARMY | BCMR | CY2010 | 20100017656

    Original file (20100017656.txt) Auto-classification: Approved

    On 21 July 1993, Headquarters, U.S. Army Signal Center, Fort Gordon, GA, published Orders 202-510 directing the applicant's reassignment/deployment to Saudi Arabia and attachment to the U.S. Army Forces Central Command in support of Operation Desert Storm for a period of 160 days and proceed date of on or about 27 July 1993. The evidence of records shows the applicant completed 4 months and 14 days of foreign service in Southwest Asia from 28 July 1993 to 21 December 1993. As a result, the...

  • ARMY | BCMR | CY2013 | 20130007970

    Original file (20130007970.txt) Auto-classification: Approved

    The applicant requests his service in Kuwait be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 October 1996. The current entry in item 18 of his DD Form 214 showing his service in Southwest Asia does not include all of his service. Item 13 - Delete: Southwest Asia Service Medal Add: Southwest Asia Service Medal with one bronze service star Korea Defense Service Medal Kuwait Liberation Medal - Government of Kuwait c. Item 18...

  • ARMY | BCMR | CY2011 | 20110011874

    Original file (20110011874.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service while deployed in support of Operation Desert Storm from December 1990 to May 1991 * award of the Southwest Asia Service Medal 2. Evidence also shows he participated in three campaigns while serving in Southwest Asia. Although his Army Commendation Medal was awarded for his service in support of Operations Desert Shield/Storm from 17 September 1990 to...