IN THE CASE OF:  

		BOARD DATE:  5 February 2013

		DOCKET NUMBER:  AR20120013338


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) to show award of the:

* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Achievement Medal
* Army Good Conduct Medal

2.  The applicant states he earned the above awards and they are not listed on his DD Form 214.  He was unaware of the procedures to request this correction until he searched the Department of Veterans Affairs (VA) home page and found the instructions.

3.  The applicant provides a memorandum explaining why he should be awarded the medals.  

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 enlisted in the Regular Army on 20 May 1998.  He completed training and was awarded military occupational specialty (MOS) 92G (Food Service Specialist).  On 24 May 2000, he reenlisted and he was reclassified into MOS 71M (Chaplain Assistant).

3.  His Enlisted Record Brief shows he served in Korea from 24 October 1998 to 23 October 1999.  

4.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) no entries;

	b.  item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon and the Overseas Service Ribbon; and

	c.  item 38 (Record of Assignments) that:

		(1)  effective 6 October 1998, his duty status was "CASUAL" enroute to Korea; and 

		(2)  effective 18 July 2001, he was assigned to Headquarters and Headquarters Battery, 214th Field Artillery Brigade, Fort Sill, Oklahoma.

5.  He was released from active duty effective 23 May 2003 in the rank of specialist/E-4.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) "0001 00 00" (indicating 1 year of foreign service,

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): 

* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars

	c.  item (18 (Remarks) "SERVICE IN SOUTHWEST ASIA 19981024-19991023." 

6.  His Army Military Human Resource Record contains permanent orders showing he was awarded the Army Good Conduct Medal (1st Award) on 
3 April 2002 for the period 18 April 1998 to 19 April 2001.

7.  The applicant provides a memorandum in which he states, in effect:

	a.  He should receive the Global War on Terrorism Service Medal for his service after 11 September 2001.  He was a member of the 2d Battalion, 4th Field Artillery, Fort Sill, Oklahoma, where he was a chaplain assistant, but due to the war on terrorism he served as a gate guard.

	b.  He should receive the Korea Defense Service Medal for his service in Korea.

	c.  He was awarded the Army Achievement Medal for his achievements on or about 13 September 2002, but his unit was preparing for deployment to Iraq and did not forward it to be placed in his official records; therefore, it should be added to his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States on active duty on or after 
11 September 2001.

	c.  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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) 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 for 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 required medical evacuation from the area of eligibility.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's official record contains permanent orders showing he was awarded the Army Good Conduct Medal (1st Award).  

2.  He served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal and the Korea Defense Service Medal.  

3.  His DD Form 214 should be corrected to show the above medals.

4.  In spite of his assertion, without orders there is insufficient evidence to correct his DD Form 214 to show award of the Army Achievement Medal.

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:

	a.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

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 correcting the applicant's DD Form 214 to add the Army Achievement 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)                                         AR20100022947



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ABCMR Record of Proceedings (cont)                                         AR20120013338



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