IN THE CASE OF: BOARD DATE: 30 August 2023 DOCKET NUMBER: AR20230000821 APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 December 2001 to show: a. award of the: * Korea Defense Service Medal * Global War on Terrorism Service Medal * Kosovo Campaign Medal b. his date of birth as . APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * National Personnel Records Center Letter, 6 October 2022 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 (ABCMR) in Docket Number AR20170015065 on 26 June 2019. 2. The applicant states the aforementioned awards were not authorized until after his separation from the military in December 2001. He previously submitted a request for correction of his records in 2016. He received correspondence stating the case was being worked and he would be notified once completed. To date, he has never received a response. 3. A review of the applicant's records shows the ABCMR granted partial relief of his previous request in ABCMR Docket Number AR20170015065. As a result, he was issued a DD Form 215 (Correction to DD Form 214) for the period ending 28 December 2001 correcting his date of birth and adding award of the Global War on Terrorism Service Medal. Therefore, this portion of his request will not be discussed further in this record of proceedings. 4. His records contain a DD Form 214 showing he served in the U.S. Marine Corps from 20 May 1986 through 19 May 1991. 5. He enlisted in the Regular Army on 8 June 1999. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) shows the following information in: a. item 5 (Oversea Service), service in Saudi Arabia from 17 August 1990 through 29 March 1991; and b. item 9 (Awards and Decorations), no award of the Korea Defense Service Medal or Kosovo Campaign Medal. 7. He was honorably discharged on 28 December 2001. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period lists the following awards: * Meritorious Unit Commendation (2nd Award) * Navy Unit Commendation * Marine Corps Good Conduct Medal * Army Reserve Components Achievement Medal (2nd Award) * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Service Ribbon * Sea Service Deployment Ribbon (2nd Award) * Kuwait Liberation Medal * Combat Infantryman Badge * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar 8. His records contain no evidence showing he served in Korea or Kosovo. 9. On 14 July 2020, he was issued a DD Form 215 (Correction to DD Form 214) for the period ending 28 December 2001 correcting his date of birth and adding award of the Global War on Terrorism Service Medal. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within applicant's the military records, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and medical review, the Board determined there is a lack of evidence to support the applicant served in either Korea or Kosovo and is entitled to the awards requested. 2. This Board is not an investigative body. The Board agreed that the burden of proof rest with the applicant; however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant served in Korea or Kosovo. Therefore, the Board determined reversal of the previous Board’s decision is not warranted and denied relief. 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number Docket Number AR20170015065 on 26 June 2019. 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. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR members will direct or recommend changes in military records to correct an error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists in the record. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-15 states the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s): Allied Force, Joint Guardian, Allied Harbour, Sustain Hope/Shing Hope, Noble Anvil or Kosovo Task Forces(s): Saber, Hunter, Hawk, or Falcon within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility. b. Paragraph 2-22 states the Korea Defense Service Medal 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. A Soldier must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000821 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1