IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015917 


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, award of the Global on War Terrorism Service Medal (GWOTSM), Korea Defense Service Medal (KDSM), and the Overseas Service Ribbon (OSR) with Numeral.

2.  The applicant states:

   a.  he is entitled to awards that were authorized after his retirement which he never received;
   
   b.  he completed 23 months service after September 11, 2001, entitling him to the GWOTSM;

   c.  he is entitled to the KDSM for his service in Korea from November 1998 - 1999; and
   
   d.  he was awarded the OSR with Numeral.

3.  The applicant provides copies of a:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* reassignment order


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 record shows he enlisted in the Regular Army on 15 February 1983.  He was trained in and awarded military occupational specialty 46N (PERSHING Electrical Mechanical Repairer) and 55D (Explosive Ordnance Disposal Specialist).

3.  Section D (Oversea Service) of this Enlisted Record Brief (ERB) shows the applicant completed three tours in the following locations during the indicated periods:

  Germany
29 October 1983 - 31 March 1991
  Germany
8 April 1991 - 6 June 1992
  Republic of Korea
1 November 1998 - 9 December 1999
4.  On 30 June 2003, the applicant was honorably retired after completing a total of 20 years, 4 months and 16 days of creditable active service.  The DD Form 214 includes the entry "OVERSEAS SERVICE BAR (3RD AWARD" in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

5.  The GWOTSM and KDSM is not included among the list of awards shown on his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM.  It states, in pertinent part, that it is authorized to members who have participated in the GWOT operations outside of the designated areas of eligibility for the GWOTEM on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated during the qualifying period, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.

   b.  Paragraph 2-20 contains the regulatory guidance pertaining to award of the KDSM.  It states, in pertinent part, that it is authorized to members of the Armed Forces of the U.S. who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.

   c.  Paragraph 5-4 provides guidance on the award of the OSR.  It states, effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's continual service on active duty from September 11, 2001 through 30 June 2003, the date of his retirement, confirms he met the regulatory criteria necessary for the award of the GWOTSM.  Therefore, it would be appropriate to correct his record and DD Form 214 to show his entitlement to this award.

2.  The evidence of record confirms the applicant completed a tour in Korea from 1 November 1998 to 9 December 1999.  Accordingly, he also satisfied the regulatory criteria necessary for award of the KDSM and it should be added to his record and DD Form 214.

3.  The applicant's ERB confirms he completed 3 oversea tours which is also evidenced by the OSR (3rd Award) listed in item 13 of his DD Form 214. However, by regulation, additional awards of the OSR are officially recognized by numerals.  Therefore, item 13 of his DD Form 214 should be amended by deleting the entry "OVERSEAS SERVICE BARS (3RD AWARD)" and replacing it with the entry "OVERSEAS SERVICE BAR with Numeral 3."


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:

   a.  amending item 13 of his DD Form 214 by:
   
* deleting the Overseas Service Ribbon (3rd Award) and replacing it with Overseas Service Ribbon with Numeral 3
* adding the Global War on Terrorism Service Medal and Korean Defense Service Medal
   
   b. providing him a correction to his DD Form 214 to show these awards.




      _______ _   _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)                                         AR20110015917





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ABCMR Record of Proceedings (cont)                                         AR20110015917



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