RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040007049


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Commendation Medal.

2.  The applicant states that he received the certificate and request for
orders; however, he never received the medal.  The award is not listed on
his               DD Form 214 (Certificate of Release or Discharge from
Active Duty).

3.  The applicant provides a copy of his DD Form 214 and a copy of a
request for orders.  He also provided the original certificate showing that
he was awarded the Army Commendation Medal (first oak leaf cluster), a copy
of which is included herein.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 August 1984.  The application submitted in this case
is dated     30 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for 3 years on 1 April 1974 and
served on continuous active duty until his discharge in 1984.  His service
included tours of duty at Fort Jackson, South Carolina, Fort Bliss, Texas,
Redstone Arsenal, Alabama, Korea (June 1975 to June 1976), and two tours of
duty in Germany.  He completed numerous military courses, and his awards
include the National Defense Service Medal, Overseas Service Ribbon (2
awards), Army Good Conduct Medal (3 awards), and the Army Commendation
Medal for meritorious service for the period 13 October 1981 to 29
September 1982.  Additionally, his records show that he received numerous
letters of appreciation and letters of commendation.

4.  In June 1983 the applicant was assigned as an instructor with Company
B, First Battalion, School Brigade, United States Army Missile and
Munitions Center and School (USAMMCS), Redstone Arsenal, Alabama.  His
Enlisted Evaluation Report (EER) for the period April 1983 to March 1984
shows that his rater considered the applicant an outstanding Soldier,
giving him the highest rating possible on his EER.  His endorser did not
meet the necessary requirements for him to endorse the report.

5.  The applicant’s EER for the period April 1984 to June 1984 shows that
his rater and endorser considered him an outstanding Soldier, both giving
him the highest ratings possible on that report.

6.  On 27 June 1984 the Commander of the School Brigade, USAMMCS, requested
to the Army Missile Command Military Personnel Division, that orders be
published awarding the applicant the Army Commendation Medal, first oak
leaf cluster, for meritorious service for the period 3 June 1983 to 13
August 1984.

7.  The applicant was on terminal leave from 28 June 1984 until 13 August
1984. He was honorably discharged from the Army in the grade of staff
sergeant on    13 August 1984 and transferred to the Army Reserve Control
Group (Reinforcement) at St. Louis.  His DD Form 214 does not reflect a
second award of the Army Commendation Medal.

8.  The Army Commendation Medal is awarded to any member of the Armed
Forces of the United States who distinguishes himself by heroism,
meritorious achievement or service.  The primary requirement for award of
this, or any decoration, is that a formal recommendation must be prepared
and administratively entered into official military channels by someone
having witnessed or with knowledge of the act, achievement, or service to
be honored.
The award of the Army Commendation Medal will be announced in permanent
orders by the commander authorized to make the award.

9.  Army Regulation 600-8-2 prescribes Army policy, criteria, and
administrative instructions concerning individual military awards.
Paragraph 1-14 states that each recommendation for an award of a military
decoration must be entered administratively into military channels within 2
years of the act, achievement, or service to be honored.  No military
decoration, except the Purple Heart will be awarded more than 3 years after
the act or period of service to be honored.  These time limitations do not
apply to retroactive and conversion awards made in confirmation of
recognition of previously issued orders, letters, certificates or in
exchange of decorations hereinafter authorized.

10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant’s rating officials considered him
to be an outstanding Soldier.  The evidence suggests that the applicant was
recommended for award of the Army Commendation Medal, first oak leaf
cluster, and that the recommendation was approved; otherwise a request to
publish orders for that award would not have been initiated.  The requested
period of service of the award corresponds with the period of his
assignment with his unit at Redstone Arsenal.

2.  The certificate that he submits with his request shows that he was
awarded the Army Commendation Medal (first oak leaf cluster) on 27 June
1984 for meritorious service for the period June 1983 to August 1984.

3.  Consequently, the applicant’s record should be corrected to show award
of the Army Commendation Medal, first oak leaf cluster.

4.  By virtue of his service in Korea, the applicant is also entitled to
award of the Korea Defense Service Medal.

BOARD VOTE:

__JS____  ___LF___  __JM ___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Army Commendation
Medal, first oak leaf cluster and the Korea Defense Service Medal.




                            ______Joe Schroeder_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007049                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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