IN THE CASE OF: BOARD DATE: 22 July 2010 DOCKET NUMBER: AR20100001019 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 the following documentation be added to his official military personnel file: * DA Form 2-1 (Personnel Qualification Record) * Officer Record Briefs * Assignment related orders 2. He also requests, in effect, award of the Korea Defense Service Medal. 3. The applicant states: * His enlisted service records are missing, which include records showing his service in Korea * His assignment to Company B, 1st Battalion, 9th Infantry Regiment, 2nd Infantry Division from 1980 through 1981 entitles him to the Korea Defense Service Medal * Subsequent to becoming a warrant officer all of his enlisted records were removed 4. The applicant provides: * An undated memorandum from the Chief, Personnel Records Branch * The first page of his DA Form 20 * Orders 327-163 dated 9 December 1980 * 1st Indorsement to Orders 327-163 dated 23 March 1981 * His Officer Record Brief 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's request for documents to be included in his official military personnel record does not fall within the purview of this Board. He should exhaust his administrative remedies to this portion of his request by submitting copies of the documents that he wishes to have included in his official file to the Department of the Army Human Resources Command, 9700 Page Avenue, St. Louis, Missouri 63136-5200. Therefore, this issue will not be further addressed in these ABCMR Proceedings. 3. On 1 June 1973, the applicant enlisted in the Regular Army (RA) for 3 years. He completed training as a unit supply specialist. He reenlisted in the RA for 3 years on 10 March 1976. He was issued DD Forms 214 for these two periods of enlistment, which show he was awarded the National Defense Service Medal. 4. On 19 December 1978 reenlisted in the RA for 3 years. His DA Form 2-1 shows that he served in Korea for 12 months from 15 February 1980 through 10 February 1981. 5. The applicant reenlisted in the RA again on 12 November 1981. After completing 12 years, 9 months and 17 days of total active service, the applicant was honorably discharged on 17 March 1986 to accept an appointment as a warrant officer. 6. The DD Form 214 he was issued covering this period of service shows the following awards: * Army Achievement Medal (First Award) * Army Commendation Medal (Third Award) * Army Service Ribbon * Army Good Conduct Medal (Fourth Award) * Overseas Service Ribbon * Noncommissioned Officer Professional Development Ribbon (Numeral 3) * Meritorious Service Medal (First Award) 7. The Korea Defense Service Medal was not included on his DD Form 214. 8. The applicant retired on 30 April 2003. The awards shown on the DD Form 214 he was issued are as follows: * Meritorious Service Medal (Fourth Award) * Army Commendation Medal (Sixth Award) * Army Achievement Medal * Retired Lapel Button * Army Good Conduct Medal (Fourth Award) * National Defense Service Medal (Third Award) * Noncommissioned Officer's Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (Fourth Award) 9. Army Regulation 600-8-22 (Military Awards) 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. 10. Army Regulation 600-8-22 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 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. DISCUSSION AND CONCLUSIONS: 1. Based on the available records, the applicant is authorized the award of the Korea Defense Service Medal. 2. His records show he served in Korea for 12 months from 15 February 1980 through 10 February 1981. Therefore, his final DD Form 214 should be amended to include this award. 3. He is also authorized the Global War on Terrorism Service Medal based on his service on 11 September 2001. 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 for the period ending 30 April 2003 to add the following two awards: * Korea Defense Service Medal * 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) AR20100001019 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)