ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  31 October 2019

	DOCKET NUMBER:  AR20190001410


APPLICANT REQUESTS:  reconsideration of his previous request for correction of his record to show award of the Korea Defense Service Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Self-authored Statement, undated
* Los Angeles Times article, dated 19 April 1994, subject:  Patriot Missiles Arrive in South Korea:  Defense:  First shipment is uploaded as U.S. steps up pressure on North Korea to allow inspection of its nuclear sites
* Air Defense Artillery Magazine, July-August 1994 issue, subject:  Patriot Deploys to Korea
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records in Docket Number AR20160016508 on 10 October 2018.

2.  The applicant provides new evidence not previously considered that warrants consideration at this time.

3.  The applicant enlisted in the Regular Army on 30 December 1986.  

4.  Item 5 (Oversea Service) of his DA Form 20 (Personnel Qualification Record – Part II) shows he had temporary duty in "AMEA" (Asia-Pacific, Middle East and Africa) – Southwest Asia for 4 months during the period 1 April 1993 through 29 July 1993.

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay during the period 1 April 1993 through 31 July 1993 while in Saudi Arabia. 


6.  His DA Form 2166-7 for the period December 1993 through November 1994 shows in:

	a.  Part If (Unit, Organization, Station, Zip Code or APO, Major Command) – A Battery, 2nd Battalion, 7th Air Defense Artillery, 11th Brigade, APO AP 96275.

	b.  Part IIIc (Daily Duties and Scope), in part, "Launcher Platoon Section Chief assigned to a Patriot Battery with a rapid deployment mission."

	c.  Part IIId (Area of Special Emphasis), in part, "Deployment to the Republic of Korea."

	d.  Part IVd (Leadership), in part, "His section was selected to certify with 3 out of 4 Battery Tactical Control Officers while in South Korea" and "Selected to escort the unit’s basic load of ammunition from Kunsan to Suwon, South Korea."

	e.  Part IVe (Training), in part, "His section passed all unannounced Operational Readiness Evaluations during deployment to South Korea."

	f.  Part IVf (Responsibility and Accountability), in part, "Maintained 100% accountability of all personnel and equipment during deployment to and from South Korea."

7.  He provided copies of:

	a.  a Los Angeles Times news article, dated 19 April 1994, subject:  Patriot Missiles Arrive in South Korea:  Defense:  First shipment is unloaded as U.S. steps up pressure on North Korea to allow inspection of its nuclear sites," which shows "Despite the timing of the Patriots, American officials continued to stress that the deployment is strictly a defensive move and does not signal a more aggressive allied military posture in the area."

	b.  extracts from the Air Defense Artillery July-August 1994 edition consisting of the Table of Contents, Intercept Point, and the articles:

		(1)  "Patriot Deploys to Korea" that shows former President Bill Clinton approved the deployment a battalion of Patriot surface-to-air missile systems to the Republic of Korea to defend South Korea and U.S. Forces station there and the 2nd Battalion, 7th Air Defense Artillery, 11th Air Defense Artillery Brigade from Fort Bliss, TX, was the unit directed to deploy to South Korea. 

		(2)  "Long-Haul Communications – Support the Patriot Deployment to Korea" that shows on 21 March 1994, former President Bill Clinton decided to deploy a Patriot Battalion to the Republic of Korea.  The 2nd Battalion, 7th Air Defense Artillery, 11th Air Defense Artillery Brigade from Fort Bliss, TX, was selected for deployment to South Korea and the unit's successful deployment not only marked the first operational stationing of Patriot assets in Korea, it also marked the first time a single information coordination central controlled six engagement control stations positioned well beyond its organic line-of-sight radio range in an operation settings.

8.  His DA Form 20 (Personnel Qualification Record – Part I), dated 8 February 1995, shows he was assigned to A Battery, 2nd Battalion, 7th Air Defense Artillery, effective 15 February 1994. 

9.  On 31 August 1995, he was honorably released from active duty.  His DD Form 214 shows in item 19 (Remarks), service in Southwest Asia from 1 April 1993 through 29 July 1993.

10.  On 10 October 2018 and in ABCMR Docket Number AR20160016508, the Board denied the applicant request for award of the Korea Defense Service Medal.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered the applicant’s statement, his record of service, the statements on his NCOER during the period of the unit’s deployment and the unit address, and the lack of other evidence verifying a length of time he was physically in Korea.  Based on a preponderance of evidence, the Board determined there was insufficient documentation to show the applicant met the minimum in-country requirements to be eligible for award of the Korea Defense Service Medal.

2.  After reviewing the application and all supporting documents, the Board found that relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



	 
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.


ADMINISTRATIVE NOTE(S):  N/A.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 area of eligibility and period of eligibility are as follows:

	a.  The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas.

	b.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  Criteria – Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

		(1)  Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility.

		(2)  Wounded or injured in the line of duty and requires medical evacuation from the area of eligibility.

		(3)  While participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30- or 60-day requirement.

		(4)  Personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award if the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

		(5)  Soldiers who are temporarily assigned to the Noncommissioned Officer Academy at Camp Jackson, South Korea, to attend the Basic Leaders Course are not authorized the Korea Defense Service Medal since such presence is for professional development purposes and is not in support of the defense of the Republic of Korea.


ABCMR Record of Proceedings (cont)	 AR20190001410
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