IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005999 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) for the period ending 31 October 2002 to show award of the Global War on Terrorism Service Medal (GWOTSM), Korea Defense Service Medal (KDSM), and Army Superior Unit Award (ASUA). 2. The applicant states: a. The GWOTSM is not shown on his DD Form 214. He retired before this medal was authorized for all Soldiers serving on active duty on or after 11 September 2001. His last day of active duty was 31 October 2002. b. The KDSM is not shown on his DD Form 214. He served with HHC, I Corps, 503d Infantry Regiment, 2d Infantry Division, from May 1996 to April 1997. He retired from the Army before this medal was authorized for service in Korea. c. The ASUA is not shown on his DD Form 214. He served with Headquarters and Headquarters Company (HHC), I Corps, from June 1997 until his retirement date. This award was approved for the period 1 October 1999 to 1 October 2000. He did not know he was authorized this award at the time of his retirement. 3. The applicant provides: * three applications * reassignment orders, dated 31 May 1996 * permanent change of station orders, dated 10 March 1997 * amendment orders, dated 1 July 1997 * U.S. Total Army Personnel Command message, dated 9 May 2001 * DD Form 214 for the period ending 31 October 2002 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. Having prior enlisted service in the Regular Army, the applicant again enlisted in the Regular Army on 27 May 1986. 3. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report) covering the period April 1996 through March 1997 shows his unit of assignment was located in Korea. 4. He provided Headquarters, I Corps and Fort Lewis, Orders 182-604, dated 1 July 1997, showing he was assigned to HHC, I Corps. 5. He provided U.S. Total Army Personnel Command message, dated 9 May 2001, subject: Approved ASUA, showing HHC, I Corps, was awarded the ASUA for the period 1 October 1999 to 1 October 2000. 6. On 31 October 2002, he retired in the rank of sergeant first class. 7. His DD Form 214 for the period ending 31 October 2002 does not show the GWOTSM, KDSM, and ASUA as authorized awards. This DD Form 214 shows his last duty assignment and major command as HHC, I Corps, Fort Lewis, WA. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism 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. b. The KDSM is authorized for award to members of the Armed Forces of the United States who 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. The applicant served qualifying periods for award of the GWOTSM and KDSM. His DD Form 214 for the period ending 31 October 2002 does not show these medals. 2. The applicant was assigned to HHC, I Corps, from 1997 until his retirement in 2002. This unit was awarded the ASUA for the period 1 October 1999 to 1 October 2000 while he was assigned. His DD Form 214 for the period ending 31 October 2002 does not show this unit award. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the GWOTSM, KSDM, and ASUA to his DD Form 214. _______ _ 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) AR20150005999 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005999 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1