BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120022706
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 the Korea Defense Service Medal (KDSM), Global War on Terrorism Service Medal (GWOTSM), Defense Superior Service Medal, and Spanish Parachutist Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
a. the above awards were authorized retroactively after he retired or they were omitted from his DD Form 214 when he retired;
b. he served in Korea from October 1990 to September 1993;
c. he was assigned to the U.S. Army Element Central Command from July 1999 until he retired on 1 August 2003. The GWOTSM should apply to him due to his service supporting Operation Enduring Freedom and Operation Iraqi Freedom. During those two operations he served in the U.S. Central Command Headquarters as part of a general's staff;
d. the Defense Superior Service Medal was awarded to him at his retirement; and
e. the Army awarded him the Spanish Parachutist Badge in 1984.
3. The applicant provides:
* Letter, dated 18 April 1984, awarding him the Spanish Parachutist Badge
* Permanent change of station orders, dated 23 April 1990
* Orders, dated 10 September 1990
* Permanent orders, citation, and award certificate for the Defense Superior Service Medal
* DD Form 214
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 retired on 31 July 2003 in the rank of colonel after completing over 24 years of active duty.
3. His DD Form 214 does not show the KDSM, GWOTSM, Defense Superior Service Medal, or Spanish Parachutist Badge as authorized awards.
4. He provides a letter, dated 18 April 1984, from the Chief, Military Awards Branch, U.S. Army Military Personnel Center, Alexandria, VA which states he was authorized to accept and wear the Spanish Parachutist Badge.
5. He provides orders, dated 10 September 1990, which show he was assigned to Korea effective 10 September 1990. His Officer Record Brief shows he completed a 36-month tour in Korea in September 1993.
6. He provides Permanent Orders GB-1049, dated 24 June 2003, which show he received the Defense Superior Service Medal for the period 14 July 1999 to
31 July 2003.
7. 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.
8. 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 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.
9. Appendix D/Table D-1 (Foreign Badges) of Army Regulation 600-8-22 shows the Spanish Parachutist Badge is authorized for acceptance and wear on the Army uniform.
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to the KDSM based on his service in Korea from 1990 to 1993. Therefore, his DD Form 214 should be corrected to show this medal.
2. He served a period of qualifying service for award of the GWOTSM. Therefore, his DD Form 214 should be corrected to show this medal.
3. Permanent orders show he received the Defense Superior Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
4. The 1984 letter from the Military Awards Branch which shows he was authorized to accept and wear the Spanish Parachutist Badge is accepted as sufficient evidence on which to base adding this badge to his DD Form 214.
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, Global War on Terrorism Service Medal, Defense Superior Service Medal, and Spanish Parachutist Badge to his DD Form 214.
_______ _ 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) AR20120022706
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022706
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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