RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 September 2005
      DOCKET NUMBER:  AR20050004767

      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. Klaus P. Schumann             |     |Analyst              |

  The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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, in effect, correction of his separation
document (DD Form 214), effective 22 April 1991, to show that he was
awarded the Army Achievement Medal (AAM), and any other awards for which he
may be entitled for his service in the Army.  He further requests that his
grade also be changed from specialist four (SP4) to sergeant (SGT) on the
same DD Form 214.

2.  The applicant states, in effect, that he was awarded the AAM during his
service in the Army and would like his record correct to reflect this
award.  He further states, that he is also entitled to the National Defense
Service Medal (NDSM) and would like his record to show this award and any
other award to which he is entitled for his Army service.

3.  The applicant provides, in support of his application, an AAM
certificate, dated 2 April 1991, a copy of his separation document (DD Form
214), effective
22 April 1991, and a Department of Veterans Affairs Rating Decision, dated
28 July 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially entered the Active Army on 30 October 1973 and
was honorably separated on 1 September 1982.  During this period of active
duty he served one tour in the Republic of Korea for the period 20 August
1975 through
15 September 1976.  Subsequently, he entered the Army National Guard on
30 September 1988.  His most recent period of active duty was from
30 November 1990 through 22 April 1991.

2.  The DD Form 214, effective 22 April 1991, issued to the applicant after
his most recent tour of active duty, shows that he was awarded the Army
Service Ribbon and the National Defense Service Medal.  The applicant’s DD
Form 214, effective 1 September 1982, shows that he was awarded the
National Defense Service Medal, Army Sharpshooter Marksmanship Badge with
Rifle Bar, Army Service Ribbon, Overseas Service Ribbon, and the
Noncommissioned Officer Professional Development Ribbon with numeral 2.

3.  The applicant provides an AAM certificate, dated 2 April 1991, which
shows that he was awarded the AAM for his outstanding performance of duty
during the period 30 November 1990 through 1 March 1991.




4.  The applicant’s record contains Headquarters, 24th Infantry Division
(Mechanized) Permanent Order 39-3 with Annex A, dated 5 April 1991, which
releases the applicant from active duty on 22 April 1991 and identifies his
grade as SP4.  However, the applicant’s Personnel Qualification Record (DA
Form 2-1), dated 1 July 1992, shows in Item 18 (Appointments and
Reductions) that he was promoted to SGT in the Army National Guard on 1
December 1990 and reduced to SP4 on 9 November 1992.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Achievement Medal is awarded to any member of the Armed Forces of the
United States, who while serving in a noncombat area on or after 1 August
1981, distinguished themselves by meritorious service or achievement.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14
August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001
to a date to be determined.

7.  Army Regulation 635-5 provides instructions for the preparation of the
DD Form 214.  It states, in pertinent part, that item 4a (Grade, Rate or
Rank) and 4b (Pay Grade) will be completed to show the active duty grade or
rank and pay grade at the time of separation.

8.  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 of record clearly shows that the applicant was awarded the
Army Achievement Medal for outstanding service during the period
30 November 1990 through 1 March 1991.  Therefore, it is appropriate at
this time to correct his record to show this award.

2.  The evidence of record also shows that the applicant is entitled to the
National Defense Service Medal with one bronze service star for his service
in the Army during the period 30 October 1973 through 1 September 1982 and
the period
30 November 1990 through 22 April 1991.  Therefore, it is also appropriate
to correct his record to show that he was awarded the National Defense
Service Medal with one bronze service star.

3.  The applicant was assigned to the Republic of Korea for the period 20
August 1975 through 15 September 1976.  The Korean Defense Service Medal is
authorized for service in Korea from 28 July 1954 to a future date yet to
be determined.  Therefore, based on the applicant’s one-year tour in Korea
during this qualifying period, it is appropriate to award the applicant the
KDSM and to correct the applicant’s record to show this award.

4.  The applicant’s contention that his DD Form 214, effective 22 April
1991 should show that he was a SGT was carefully considered.  However, the
evidence of record is inconclusive in regard to whether the applicant was a
sergeant during his call to active duty November 1990 through April 1991
and the applicant has provided no additional documentation to support his
claim.  Therefore, lacking conclusive evidence to show that he was a
sergeant, the requested relief can not be granted.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__sk____  __bje___  __rtd___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that he was awarded the “Army Achievement
Medal”, the “National Defense Service Medal with one bronze service star”
and the Korean Defense Service Medal” in Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 22
April 1991 DD Form 214, and by providing him a corrected separation
document that shows these awards.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of his separation document, effective 22 April 1992 to show the
grade of Sergeant.



                 Stanley Kelley
            __________________ __
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004767                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0026                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]