RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060006104


      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             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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, that item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD
Form 214 (Certificate of Release or Discharge from Active Duty), be
corrected to show that he was awarded the Army Achievement Medal (AAM),
received a Letter of Commendation as honor graduate, and the Imjin Scout
Certificate.

2.  The applicant states, in effect, that his DD Form 214 does not show his
award of the AAM, that he received a Letter of Commendation as honor
graduate, or the Imjin Scout Certificate.

3.  The applicant provides a copy of his DD Form 214, award certificate for
the AAM, a copy of a Letter of Commendation and honor graduate diploma, and
a copy of an Imjin Scout Certificate, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 March 1990, the date of his release from active duty.  The
application submitted in this case is dated 17 April 2006.

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's record shows he enlisted in the Regular Army on
26 September 1988.  The applicant successfully completed basic combat
training at Fort Jackson, South Carolina, and advanced individual training
at Fort Gordon, Georgia.  On completion of his advanced individual
training, he was awarded the military occupational specialty (MOS) 31K,
Combat Signaler.  He was advanced to pay grade E-4 effective 1 January
1990.  He served in Korea from 18 February 1989 to 17 February 1990.



4.  The applicant continued to serve until he was honorably released from
active duty on 8 March 1990.  He was transferred to the U.S. Army Reserve
(USAR) to complete his remaining service obligation.

5.  The applicant’s DD Form 214 shows he was awarded the Army Service
Ribbon, the Army Lapel Button, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar, and the Overseas Service Ribbon.  His DD Form 214
does not show any additional awards.

6.  The applicant provides a copy of an award certificate, dated 5 February
1990, which shows that he was awarded the Army Achievement Medal, while
assigned to Company B, 1st Battalion, 506th Infantry, for meritorious
service as unit level communication maintainer from 17 February 1989 to
17 February 1990.

7.  Item 9 (Awards, Decorations and Campaign), of his DA Form 2-1
(Personnel Qualification Record-Part II), shows he was awarded the AAM.

8.  The applicant provides a copy of his Imjin Scott Certificate for
commendable service in the Defense of Freedom Along the Demilitarize Zone,
Korea, from 13 December 1989 to 22 February 1990, while assigned to Company
B,            1st Battalion, 506th Infantry.

9.  The applicant provides a copy of an honor graduate diploma he received
for meritorious completion of the Combat Signaler Course.  He also received
a letter of commendation from the Headquarters, US Army Signal Center and
Fort Gordon, for outstanding achievement in becoming an honor graduate.

10.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  It states, in pertinent part
that item 13 will reflect decorations, medals, badges, citations and
campaign ribbons awarded or authorized for all periods of service.
Certificates of achievement, letters of appreciation, and similar documents
are not recorded on the DD Form 214.

11.  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 records shows that the applicant was awarded the Army
Achievement Medal.  Therefore, he is entitled to correction of his records
to show this award. 

2.  The evidence of record shows that the applicant received the Imjin
Scout Certificate, an honor graduate diploma from the Combat Signaler
Course, and a letter of commendation for outstanding achievement as honor
graduate.  However, in accordance with the governing regulation, a record
of receipt by a Soldier of a certificate of achievement or letter of
commendation is not recorded on the DD Form 214.

3.  The applicant's achievement of having fulfilled the requirements for
award of his MOS as a combat signaler is shown in item 14, of the DD Form
214.  No distinction between honor graduates and graduates is provided for
by the applicable regulation.

4.  The applicant completed an overseas tour of duty in Korea during the
qualifying period for award of the Korea Defense Service Medal.  He is
therefore entitled to award of the Korea Defense Service Medal and to have
it added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 March 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 March 1993.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MKP___  __EF____  ___RR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 that he was
awarded the Army Achievement Medal and the Korean Defense Service Medal
and, adding these awards to the applicant's DD Form 214.

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
addition of a record of the applicant's designation as honor graduate from
his MOS-producing school course, his receipt of the Imjin Scout
Certificate, and letter of commendation on his DD Form 214.




                            _____M. K. Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006104                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19900308                                |
|DISCHARGE AUTHORITY     |AR 635-200, chap 6                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT/DENY                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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