IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150002264
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) with a separation date of 30 June 1991 to show:
* wartime credit and decoration for service in the Republic of Korea
* award of a Southwest Asia campaign decoration for service during Operations Desert Shield/Storm from 1990-1991
2. The applicant states he believes his record is in error.
3. The applicant provides his 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. On 19 June 1984, he enlisted in the Regular Army. He completed basic and advanced individual training and was awarded military occupational specialty 96B (Intelligence Analyst).
3. He was assigned to the U.S. Army, Combined Field Army, Korea from
9 September 1986 - 6 June 1990.
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 31 August 1986 - 7June 1990. There are no further entries for overseas service.
5. Item 16 (Last CBT (combat) Tour/Date), Section, IV - Service Date) of his computerized DA Form 2A (Personnel Qualification Record, Part I) contains the entry "NONE."
6. On 30 June 1991, he was discharged. He completed 6 years, 11 months, and 12 days of active service that was characterized as honorable. His DD Form 214 does not list the Southwest Asia Service Medal or the Korea Defense Service Medal.
7. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Storm Database that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and
31 December 1993. There are also separate files covering calendar years 1994 and 1995.
8. The DMDC Desert Shield/Storm Database does not list the applicant as having participated in-theater during Operation Desert Storm.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.
b. 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. His DA Form 2-1, computerized DA Form 2A, and the DMDC Desert Shield/Storm Database does not show he deployed to the designated area of eligibility for award of the Southwest Asia Service Medal. There is insufficient evidence to add the Southwest Asia Service Medal to his DD Form 214.
2. The applicant's service in Korea after 28 July 1954 shows he meets the criteria for the Korea Defense Service Medal.
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 adding the Korea Defense Service Medal to his DD Form 214 with a separation date of 30 June 1991.
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 the Southwest Asia 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) AR20150002264
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