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
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ABCMR Record of Proceedings (cont) AR20100028805
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