ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2020 DOCKET NUMBER: AR20190012776 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) dated 1 September 2019 * 34 photographs titled, "1990 Team Spirit in South Korea" * United Press International article, "Team Spirit exercise set for mid-March," dated 10 January 1990 * Korea Defense Service Medal Criteria * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was deployed to Korea for more than 30 days in 1990 for the Team Spirit exercise. b. He qualifies for award of the Korea Defense Service Medal and would like this award added to his DD Form 214. c. He was assigned to the Battery A, 1st Battalion, 62nd Air Defense Artillery, 25th Infantry Division. d. The Korea Defense Service Medal was created by President Bush in 2002, after his term of service. 3. On 19 August 1988, the applicant enlisted in the Regular Army. 4. The applicant provided: a. 35 photographs titled, "1990 Team Spirit in South Korea," that show various Soldiers, areas identified as Osan, Korea; Camp Romeo 605, training with Republic of Korea Soldiers, and a civilian traffic accident for which he stopped to render aid. b. an article titled, "Team Spirit exercise set for mid-March," dated 10 January 1990, which shows the Team Spirit '90, the 15th in its series, was scheduled for the last half of March 1990 with South Korean troops, U.S. forces stationed in-country, other U.S. bases within the Pacific Command, and the United States comprised the units participating in the annual field exercise training. c. criteria for award of the Korea Defense Service Medal that shows a service member must have served at least 30 consecutive or 60 non-consecutive days of service in the South Korean theater. 5. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. item 5 (Overseas Service) – service in Hawaii from 1 April 1989 to 31 March 1992 and no indication of service in Korea. b. item 35 (Record of Assignments), in part – Battery A, 1st Battalion, 62nd Air Defense Artillery, for the period 6 April 1989 to an unknown date. 6. On 8 November 1991, he was honorably discharged. His DD Form 214 shows he completed 2 years, 7 months, and 7 days of net service and in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –no award of the Korea Defense Service Medal. 7. His available military service records are void of evidence he served in Korea. BOARD DISCUSSION: The Board agreed there is no reason to doubt the applicant's claim that he deployed to Korea for Team Spirit. To be eligible for the Korea Defense Service Medal, a Soldier must have served in Korea for a minimum of 30 consecutive days. The Board noted the available military service records do not show how long he was in Korea. The Board determined the available evidence is insufficient as a basis for correction of his record to show he is authorized the Korea Defense Service Medal. 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. 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. a. The Korea Defense Service Medal is awarded to service 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(AOE) and period of eligibility are as follows: (1) The AOE 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. (2) The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. Service members must have been assigned, attached, or mobilized to units operating in the AOE 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 AOE. (2) Wounded or injured in the line of duty and requires medical evacuation from the AOE. (3) While participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the AOE 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 AOE 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012776 3 1