BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008894
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 records to show award of the Korea Defense Service Medal (KDSM) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states:
* he served in Korea during multiple periods of service from 1982 through 2000, but was never awarded the KDSM
* he was on active duty until 1 March 2002
* he was assigned to the 112th Signal Battalion, which supported Operation Enduring Freedom, but he was never awarded the GWOTSM
3. The applicant provides extracts from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).
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. After having completed a prior period of honorable service as an enlisted Soldier in the Regular Army, the applicant accepted appointment as a warrant officer on 10 May 1995. His military occupational specialty was 25ON (Tactical Network Technician). The highest rank/grade he attained while on active duty was chief warrant officer two/CW2.
3. Officer evaluation reports and noncommissioned officer evaluation reports show the applicant served in the Republic of Korea on multiple occasions between 1982 and 2000.
4. His DD Form 214 for the period of service ending 28 February 2002 shows he was awarded the Republic of Korea Presidential Unit Citation.
5. On 28 February 2002, he was retired.
6. Army Regulation 600-8-22 (Military Awards) states 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.
7. 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 Global War on Terrorism 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 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:
1. The applicant's request for correction of his records to show award of the KDSM and GWOTSM was carefully considered and determined to have merit.
2. Records show the applicant served a qualifying period of service for award of the KDSM; therefore, he is entitled to correction of his DD Form 214, for the period ending 28 February 2002, to show this award.
3. Records show the applicant served a qualifying period of service for award of the GWOTSM; therefore, he is entitled to correction of his DD Form 214, for the period 28 February 2002, 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 the Korea Defense Service Medal and Global War on Terrorism Service Medal to his DD Form 214 for the period ending 28 February 2002.
_______ _ 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) AR20120008894
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ABCMR Record of Proceedings (cont) AR20120008894
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