BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110020754


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) for the period ending 8 March 2005 to show the following awards:

* Combat Action Badge (CAB)
* Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM)
* Korea Defense Service Medal (KDSM) in lieu of the Overseas Service Ribbon
* two Army Superior Unit Awards (ASUA)

2.  The applicant states:

* he was previously missing the orders that awarded him the CAB
* the GWOTEM was issued prior to the ICM
* he was previously unaware of the existence of the KDSM
* he never received notification or orders awarding him either of his awards of the ASUA

3.  The applicant provides:

* DD Form 214 for the period ending 8 March 2005
* Permanent Orders 219-048, Headquarters, 40th Infantry Division (Mechanized), California Army National Guard (CAARNG), dated 6 August 2005
* Permanent Orders 088-10, U.S. Total Army Personnel Command, Alexandria, VA, dated 28 March 2000
* Orders 156-3, Headquarters, National Training Center (NTC) and Fort Irwin, CA, dated 9 August 1985
* memorandum, U.S. Army Military Personnel Center, Alexandria, VA, dated 25 April 1985
* Permanent Orders 235-3, Headquarters, 2nd Infantry Division, dated 22 August 1984
* DA Form 137 (Installation Clearance Record)
* pages 96-97 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)

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.  On 7 March 1984, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  On 1 March 1988, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 for this period shows he completed 3 years, 11 months, and 25 days of net active service, including 1 year, 1 month, and 14 days of foreign service in an unspecified theater of operations.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade)
* Army Lapel Button
* Air Assault Badge
* Army Achievement Medal with 1st Oak Leaf Cluster
* Army Commendation Medal

4.  On 6 March 1990, he was honorably discharged from the USAR.

5.  On 25 January 1991, he enlisted in the CAARNG.

6.  On 1 May 1992, he entered active duty in support of Operation Garden Plot.  On 9 May 1992, he was honorably released from active duty.  His DD Form 214 for this period shows he completed 9 days of net active service.  Item 13 of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* “Army” Assault Badge
* Army Achievement Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Army Commendation Medal

7.  On 24 January 1994, he was honorably discharged from the CAARNG at the expiration of his service obligation.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded This Period) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was awarded the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* Air Assault Badge
* Army Achievement Medal
* NCO Professional Development Ribbon
* Army Commendation Medal

8.  On 20 June 1996, he again enlisted in CAARNG.

9.  Permanent Orders 088-10, U.S. Total Army Personnel Command, Alexandria, VA, dated 28 March 2000, awarded him the Combat Infantryman Badge (CIB) for satisfactory performance of duty while under hostile fire in the Republic of Korea during the period 22-23 November 1984.

10.  On 15 November 2003, he entered active duty in support of Operation Iraqi Freedom (OIF).  On 8 March 2005, he was honorably released from active duty and returned to the control of the CAARNG.  His DD Form 214 for this period shows he completed 1 year, 3 months, and 24 days of net active service.

	a.  Item 13 shows he was awarded the:

* GWOTEM
* Global War on Terrorism Service Medal (GWOTSM)
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Humanitarian Service Medal (2nd Award)
* Army Service Ribbon
* overseas service bar
* Overseas Service Ribbon
* CIB
* Expert Infantryman Badge (EIB)
* Air Assault Badge

	b.  Item 18 (Remarks) contains the entry "SERVICE IN SOUTHWEST ASIA 20040318-20050207."

11.  Permanent Orders 219-048, Headquarters, 40th Infantry Division (Mechanized), CAARNG, dated 6 August 2005, awarded him the CAB effective 19 April 2005.

12.  On 8 June 2007, he was honorably retired from the CAARNG by reason of permanent disability and he was placed on the Retired List.  Item 15 of his NGB Form 22E (Report of Separation and Record of Service) shows he was awarded the:

* GWOTEM
* GWOTSM
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal
* Humanitarian Service Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* CIB
* Air Assault Badge

13.  Defense Finance and Accounting Service (DFAS) records shows he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Iraq from 19 March 2004 through 7 February 2005.

14.  He provides:

	a.  Permanent Orders 088-10, U.S. Total Army Personnel Command, Alexandria, VA, dated 28 March 2000, for satisfactory performance of duty while under hostile fire in the Republic of Korea during the period 22-23 November 1984.  These orders show he was assigned to the United Nations Command Security Force-Joint Security Area, Panmunjom, Korea.

	b.  Orders 156-3, Headquarters, NTC and Fort Irwin, CA, dated 9 August 1985, show he was assigned to the United Nations Command Support Group-Joint Security Area prior to 7 August 1985, the effective date of his reassignment to NTC.

	c.  Memorandum, U.S. Army Military Personnel Center, Alexandria, VA, dated 25 April 1985, shows he was awarded the Humanitarian Service Medal for his participation in relief efforts in South Korea from 29-30 September 1984.  This document shows he was assigned to the United Nations Command Support Group-Joint Security Area during this period.

	d.  Permanent Orders 235-3, Headquarters, 2nd Infantry Division, dated 22 August 1984, show he was assigned to the Joint Security Area on 18 August 1984, the effective date he received the EIB.

	e.  His DA Form 137 shows he was assigned to the United Nations Command Support Group-Joint Security Area prior to his scheduled departure from the Republic of Korea on 25 July 1985.

15.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

16.  Army Regulation 600-8-22 states that service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

17.  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  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 area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or (2) be wounded or injured in the line of duty and have required medical evacuation from the area of eligibility.  

18.  An All Army Activities (ALARACT) message, dated 25 October 2005, clarified Army policy regarding award of the Overseas Service Ribbon for overseas assignments otherwise covered by another campaign/service medal.  This message rescinded paragraph 5-4d of Army Regulation 600-8-22 which previously restricted award of the Overseas Service Ribbon when another campaign/service medal was awarded.

19.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in the Republic of Korea.

	a.  The United Nations Command Support Group-Joint Security Area was awarded the ASUA for the period 18 September 1984 through 26 November 1984, by Department of the Army General Orders (DAGO) Number 9, dated 1987.

	b.  The United Nations Command Security Force was awarded the ASUA for the period 15 May 1985 through 15 May 1986 by DAGO Number 30, dated 1987.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 8 March 2005 should be corrected to show the CAB, ICM (in lieu of the GWOTEM), KDSM (in lieu of the Overseas Service Ribbon), and two awards of the ASUA.

2.  His record contains a DD Form 214 for the period ending 1 March 1988 which shows he was awarded the Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade), and Army Lapel Button, none of which are shown on his DD Form 214 for the period ending 8 March 2005.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 March 2005 to show these individual awards.

3.  His record contains a DD Form 214 for the period ending 9 May 1992 which shows he was awarded the NCO Professional Development Ribbon which is not shown on his DD Form 214 for the period ending 8 March 2005.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 March 2005 to show this individual award.

4.  Permanent orders awarded him the CAB which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 March 2005 to show this award.

5.  DFAS records establish his service in Iraq during the period 19 March 2004 through 7 February 2005, a period of eligibility for award of the ICM.  The applicant has indicated his desire to receive the ICM in lieu of the GWOTEM which currently appears on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 March 2005 to show the ICM in lieu of the GWOTEM.  Additionally, campaign participation credit was awarded for two campaigns during his period of service in Iraq.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 March 2005 to show two bronze service stars for wear on his ICM.

6.  As a related item, he is also entitled to correction of item 18 of his DD Form 214 for the period ending 8 March 2005 to accurately reflect his OIF service in Iraq.
7.  The applicant's exact dates of service in the Republic of Korea cannot be determined; however, permanent orders awarded him the CIB for satisfactory performance of duty while under hostile fire in the Republic of Korea during the period 22-23 November 1984.  Army Regulation 600-8-22 authorizes the KDSM for members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea who were engaged in combat during an armed engagement, regardless of the time in the area of eligibility.

8.  The applicant's award of the CIB substantiates his engagement in combat during his period of service in the Republic of Korea and his entitlement to the KDSM.  He requested award of the KDSM in lieu of the Overseas Service Ribbon.  However, the ALARACT message dated 25 October 2005 eliminated the previous restriction pertaining to the award of the Overseas Service Ribbon for overseas assignments otherwise covered by another campaign/service medal.  In light of this guidance, the applicant is entitled to both awards and to correction of his DD Form 214 for the period ending 8 March 2005 to show the KDSM.

9.  With respect to his request for correction of his DD Form 214 to show two awards of the ASUA, the evidence of record shows he was assigned to the United Nations Command Support Group-Joint Security Area during the period 18 September 1984 through 26 November 1984 during which time the organization was awarded the ASUA.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 March 2005 to show a single award of the ASUA.

10.  The evidence does not definitively show he was assigned to the United Nations Command Security Force during the period 15 May 1985 through 15 May 1986, the period for which the organization was awarded the ASUA.  Therefore, barring evidence to the contrary, he is not entitled to a second award of the ASUA.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  __x______  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 8 March 2005 to add:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Superior Unit Award
* Combat Action Badge
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the ASUA.



      _________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)                                         AR20100023749



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ABCMR Record of Proceedings (cont)                                         AR20110020754



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