IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20120000545
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 award of the Korea Defense Service Medal (KDSM) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states:
* He was stationed in Korea from March 2000 to March 2001 but he was not awarded the KDSM
* He retired in November 2002
* He did guard duty and other services with his unit in support of the Global War on Terrorism (GWOT) and believes he is eligible for the GWOTSM
3. The applicant provides:
* Enlisted Record Brief, dated 26 November 2001
* DA Form 2-1 (Personnel Qualification Record), prepared on 16 October 1998 and last reviewed on 26 November 2001
* Two DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period February 2000 through January 2001 and August 2001 through July 2002
* Orders 023-0108, issued by the U.S. Army Intelligence Center,
Fort Huachuca, AZ, dated 23 January 2002 (retirement orders)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 3 November 1982. He completed his training and he was awarded military occupational specialty 02N (piano player). He remained on active duty through continuous reenlistments until he retired on 30 November 2002 by reason of sufficient service for retirement in the rank/grade of sergeant first class (SFC)/E-7. The DD Form 214 he was issued at the time does not show the KDSM or the GWOTSM as authorized awards.
3. Item 5 of his DA Form 2-1 shows he served in Korea from 27 March 2000 through 28 March 2001.
4. Army Regulation 600-8-22 (Military Awards) states the KDSM 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.
5. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
The applicant served a period of qualifying service for award of the KDSM and GWOTSM. Therefore, his DD Form 214 should be corrected to show these awards.
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 his DD Form 214 the:
* Korea Defense Service Medal
* Global War on Terrorism Service Medal
___________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) AR20120000545
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