IN THE CASE OF:	  

		BOARD DATE:	 8 October 2013 

		DOCKET NUMBER:  AR20120022763 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show awards of the meritorious Service Medal (MSM), Armed Forces Expeditionary Medal (AFEM), Army Superior Unit Award (ASUA) and the Korea Defense Service Medal (KDSM). 

2.  The applicant states, in effect, that he was awarded the MSM, AFEM, ASUA and KDSM and he desires them to be added to his DD Form 214. 

3.  The applicant provides a copy of his MSM Certificate, orders announcing the award of the AFEM and orders authorizing the ASUA.

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 12 August 1980.  He completed his training as an infantryman and continued to serve through a series of continuous reenlistments.  

3.  His records show that he served two tours in Germany (24 and 36 months), a tour in Korea (10 months and 6 days); and two deployments, one to Southwest Asia (SWA) during the period 19900901 – 19910329 and one to Bosnia as a member of Task Force Eagle during the period 19970325 – 19971120 for a total of 6 years, 6 months, and 3 days of foreign service. 

4.  On 31 August 2000 he was honorably retired for sufficient service and was placed on the Retired List effective 1 September 2000.  He had served 20 years and 19 days of active service and his DD Form 214 issued at the time of his retirement shows that he was awarded the Drivers Badge with wheel bar, Army Commendation Medal, Army Achievement Medal (6th award), Army Good Conduct Medal (6th award), Armed Forces Service Medal, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Noncommissioned Officer Professional Development Ribbon with numeral 2, Army Service Ribbon, Overseas Service Ribbon (3rd award), North Atlantic Treaty Organization (NATO) Medal, Kuwait Liberation Medal (SA), Kuwait Liberation Medal (KU), Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge, and Air Assault Badge.

5.  His DD Form 214 shows no foreign service in item 12f (Foreign Service).  Item 18 (Remarks) does not show any deployments.

6.  Permanent Orders Number 214-3 issued at Fort Riley, Kansas awarded the applicant the Meritorious Service Medal for the period 1 September 1990 to  
31 August 2000.

7.  Military Personnel (MILPER) Message Number 99-100 announced the award of the AFEM for Operation Joint Guard in Bosnia and as a one-time exception authorized both the award of the AFEM and the Armed Forces Service Medal for the same operation.  The applicant’s unit was also awarded the ASUA for the period of 5 April to 15 October 1997 for their participation in the Task Force Eagle stabilization force.

8.  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.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It states that item 12f will show the foreign service performed during the period covered by the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the MSM at the time of his retirement and is entitled to have that award added to his DD Form 214 at this time.

2.  He also served during a qualifying period for award of the AFEM for service in Bosnia, the KDSM for service in Korea, and his unit was awarded the ASUA during the same period.  Accordingly, he is entitled to have the awards of the KDSM, AFEM, and ASUA added to his DD Form 214.

3.  The applicant served 6 years, 6 months, and 3 days of foreign service and is entitled to have that service reflected on his DD Form 214.

4.  He also served during two deployments, to SWA from 19900901 – 19910329 and Bosnia from 19970325 – 19971120 and is entitled to have those deployments reflected on his DD Form 214.

BOARD VOTE:

____X____  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the entry “0000 00 00” from item 12f of his DD Form 214
* Adding the entry “0006 06 03” to item 12f of his DD Form 214
* Adding the awards of the MSM, KDSM, AFEM (Bosnia), and ASUA to his DD Form 214
* Adding the entries “Service in SWA 19900901 – 19910329” and “Service in Bosnia 19970325 – 19971120” to item 18 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War and Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20120022763





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ABCMR Record of Proceedings (cont)                                         AR20120022763



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