IN THE CASE OF:	  

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015365 


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 he be awarded the following:

* "Imjin Scout Badge"
* Global War on Terrorism Service Medal
* "Korea DMZ 80-89 Badge"
* Korea Service Medal

2.  The applicant states he was never issued his medals.

3.  The applicant provides:

* Copies of photographs
* Imjin Scout Insignia Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 December 1988 (two copies)
* DD Form 214, dated 12 March 1991 (two copies)
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 24 January 1992 (two copies)
* NGB Form 22 (National Guard Bureau – Report of Separation and Record of Service), dated 29 September 1989 (two copies)
* NGB Form 22A (Correction to NGB Form 22, Report of Separation and Record of Service), dated 20 February 1990


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 2 January 1986.  He completed training as a combat signaler.  

3.  He arrived in Korea on 9 June 1986.  While in Korea, he received the Imjin Scout Insignia Certificate for commendable service in the Defense of Freedom along the demilitarized zone, Korea, from 16 July 1986 to 5 October 1986.  He departed Korea en-route to the United States on 8 June 1987.

4.  On 16 December 1988, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service.

5.  His DD Form 214 shows the following awards:

* Army Service Ribbon
* Army Lapel Button
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Overseas Service Ribbon

6.  On 17 December 1988, the applicant enlisted in the Washington Army National Guard (WAARNG) for 4 years.  He was discharged from the WAARNG on 29 September 1989, due to unsatisfactory participation.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) for 4 years.  His NGB Form 22 shows he was awarded the Army Service Ribbon and the Humanitarian Service Medal.

7.  On 8 February 1991, the applicant was ordered to active duty in support of Operation Desert Shield/Storm.  He was REFRAD on 12 March 1991 and was 

transferred to the USAR Control Group (Reinforcement).  His DD Form 214 for this period of service shows the following awards:

* Army Service Ribbon
* Overseas Service Ribbon
* National Defense Service Medal
* Humanitarian Service Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  The applicant was honorably discharged from the USAR on 4 January 1994.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty, discharge or retirement.  It states in item 13 enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Do not enter State awards and decorations on DD Form 214.  Enter all Federal awards and decorations.

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

	a.  Gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

	b.  States the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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.

	c.  States the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	d.  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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  According to Army Regulation 635-5 the "Imjin Scout Badge" and the "Korea DMZ 80-89 Badge" were properly not included on his DD Form 214 because they are not recognized Federal awards.  Army Regulation 600-8-22 lists awards for inclusion on the DD Form 214 and the "Imjin Scout Badge" and the "Korea DMZ 80-89 Badge" are not listed therein.

3.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001.  He is not authorized this award.

4.  The applicant does not meet the eligibility criteria for award of the Korean Service Medal.  However, the Korea Defense Service Medal is awarded 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.  According to the applicable regulation, he meets the criteria for this award.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, dated 12 March 1991, to add the Korea Defense Service Medal.
2.  The Board further determined that 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 amending his DD Form 214 to add the "Imjin Scout Badge," the Global War on Terrorism Service Medal, the Korean Service Medal, and the "Korea DMZ 80-89 Badge."



      _______ _   __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)                                         AR20130015365



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ABCMR Record of Proceedings (cont)                                         AR20130015365



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