RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 February 2006
      DOCKET NUMBER:  AR20050008125


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Dennis J. Phillips            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Global War on
Terrorism Service Medal, and the Korea Defense Service Medal.

2.  The applicant states, in effect, that he is eligible for and should
have been awarded these service medals in accordance with implementing
instructions by the Secretary of Defense.

3.  The applicant submitted a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty; a copy of a DD Form 215, Correction
to DD Form 214; a copy of orders C-02-290292 and C-02-290293, published by
the U.S. Army Personnel Command on 27 February 2002, in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he enlisted in the Reserve in the
Delayed Enlistment/Entry Program on 24 January 1980.  He was discharged
from the Reserve on 15 January 1981 for the purpose of enlisting in the
Regular Army.

2.  The applicant enlisted in the Regular Army on 16 January 1981 and
continued his service through several reenlistments until he was separated
for the purpose of retirement on 31 May 2002.

3.  The applicant was honorably released from active duty, on 31 May 2002,
under the provisions of Army Regulation (AR) 635-200, Chapter 12, with
sufficient service for retirement.  He was separated in the rank and pay
grade of Staff Sergeant, E6.  On the date he was separated, he had
completed 20 years and 5 days active military service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, shows he was
awarded:  the Army Commendation Medal (3rd Award); the Army Achievement
Medal (5th Award); the National Defense Service Medal (2nd Award); the
Armed Forces Reserve Medal (2nd Award); the Noncommissioned Officer
Professional Development Ribbon, with Numeral 2; the Army Service Ribbon;
the Army Good Conduct Medal (6th Award); the Overseas Service Ribbon (2nd
Award); the Army Reserve Components Overseas Training Ribbon (2nd Award);
the Marksman
Marksmanship Qualification Badge, with Rifle Bar; and the Marksman
Marksmanship Qualification Badge, with Grenade Bar.  The Global War
on Terrorism Service Medal and the Korea Defense Service Medal are not
shown on the applicant's DD Form 214.

5.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, shows the applicant served in Korea on a
temporary duty basis for the periods 18 August 1995 through 8 September
1995 (22 days) and for the period 21 October 1995 through 31 October 1995
(11 days).

6.  Human Resources Command (HRC) Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  This award is designated for Soldiers who have
participated in or served in support of Global War on Terrorism
Operations outside of the designated area of eligibility determined for
award of the Global War on Terrorism Expeditionary Medal on or after 11
September 2001 to a 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 this award.

7.  The HRC Message provides that Soldiers may receive both the Global War
on Terrorism Service Medal and the Global War on Terrorism Expeditionary
Medal if they meet the requirements for both awards; however, the same
period of service establishing eligibility for one cannot be used to
justify service eligibility for the other award.

8.  The above referenced message provided, in pertinent part, that
Battalion commanders and commanders of separate units were authorized to
award the Global War on Terrorism Service Medal to qualified personnel.
Permanent orders were not required.

9.  An Army HRC Message (Date Time Group 9 February 2004) published
implementing instructions for award of the Korea Defense Service Medal.
This message specified criteria for award of the Korea Defense Service
Medal as follows:  a) service members of the armed forces must have served
in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense; b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water
out to 12 nautical miles, and all air spaces above the land and water
areas; c) service members must have been mobilized with units or assigned
or attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60 non-
consecutive days (emphasis added).

10.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier met one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility; b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility; c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was a member of a Reserve component,
on and after 11 September 2001.  He remained in the Reserve, as a
participant in the AGR (active Guard and Reserve) Program, until 31 May
2002.  He was transferred to the retired Reserve on the following day.
Based on the evidence, he is eligible for award of the Global War on
Terrorism Service Medal and to have it added to his DD Form 214.

2.  The evidence shows that the applicant served in Korea on a temporary
duty basis from 18 August 1995 through 8 September 1995 (22 days) and from
21 October 1995 through 31 October 1995 (11 days).

3.  For award of the Korea Defense Service Medal, a service member must
have been mobilized and assigned or attached to units operating in the
area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.  The evidence
shows that the total of the applicant's service in the Republic of Korea
was 33 days.  He is therefore not eligible for award of the Korea Defense
Service Medal and to have it added to his DD Form 214.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MJF___  _DJP___  __YM   __  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 awarding the applicant the Global War on
Terrorism Service Medal and adding this award to his DD Form 214.

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
award of the Korea Defense Service Medal and its addition to the
applicant's DD Form 214




                                  ______Yolanda Maldonado_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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