IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130016380
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Global War on Terrorism Service Medal and Korea Defense Service Medal.
2. The applicant states her separation record reflects she is entitled to wear the Global War on Terrorism Service Medal and Korea Defense Service Medal. In accordance with Army Regulation 600-8-22 (Military Awards) she meets the criteria for these awards and they should be listed on her DD Form 214.
3. The applicant provides a copy of her 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 was commissioned in the Regular Army, as a second lieutenant, on 10 June 1983. She held a signal specialty. She served in Korea from 1 December 1983 through 29 May 1985.
3. She was retired in the rank of major on 30 June 2003 and was transferred to the Retired Reserve. Her DD Form 214 lists in:
* Item 13 (Decorations, Medal, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) the:
* Bronze Star Medal
* Meritorious Service Medal (5th Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Superior Unit Award (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with three bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon (3rd)
* Kuwait Liberation Medal (SA)
* Kuwait Liberation Medal (K)
* Item 18 "Service in Southwest Asia 1990928-19910201, 19990504-20000503"
4. Army Regulation 600-8-22 (Military Awards) states:
a. 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 areas of eligibility on or after 11 September 2001 to a future date to be determined.
b. 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 from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
The applicant completed a qualifying period of service for the Korea Defense Service Medal and Global War on Terrorism Service Medal. Therefore, her DD Form 214 should be corrected to show these awards.
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 to item 13 of the applicant's DD Form 214 the Korea Defense Service Medal and Global War on Terrorism Service 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) AR20130015478
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016380
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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