IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140009400
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 the Korea Defense Service Medal (KDSM) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states he served in the Republic of Korea from 1997-1998 at Camp Casey and he should be awarded the KDSM. Also, he served more than 60 consecutive days after 9/11 (11 September 2001); therefore, he should be awarded the GWOTSM.
3. The applicant provides no additional evidence in support of his request.
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 applicants 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 applicants 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 26 January 1996. He completed his initial entry training and was awarded military occupational specialty 11B (Infantryman). The highest rank/grade he attained during his period of active duty service was sergeant/E-5.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in the Republic of Korea from 10 December 1997 to 10 December 1998.
4. Defense Finance and Accounting Service (DFAS) records show he served in the Republic of Korea from 11 December 1997 to 10 December 1998.
5. He was honorably released from active duty on 24 March 2003. His DD Form 214 does not show he was awarded or authorized the KDSM or GWOTSM.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in GWOT 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 or 60 nonconsecutive days, are authorized award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the KDSM and GWOTSM was carefully considered and was determined to have merit.
2. He served in the Republic of Korea during a qualifying period of service for entitlement to the KDSM. This service medal is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.
3. He served during a qualifying period of service for entitlement to the GWOTSM. This service medal is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.
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 amending his DD Form 214 to add the KDSM and the GWOTSM.
____________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) AR20140009400
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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