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ARMY | BCMR | CY2006 | 20060017343C071108
Original file (20060017343C071108.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060017343


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 Good Conduct Medal (GCM), the Army
Commendation Medal (ARCOM), and the Korea Defense Service Medal (KDSM) be
added to her DD Form 214 (Certificate of Release or Discharge From Active
Duty).  The applicant also requests that the social security number on her
orders be corrected.

2.  The applicant states, in effect, that her DD Form 214 reflect award of
the GCM, the ARCOM, and the KDSM.  She also requests that the SSN on her
orders for the GCM and ARCOM be corrected.

3.  The applicant provided a copy of orders for the GCM and the ARCOM in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 June 1987.  The application submitted in this case is
dated
4 December 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 DD Form 214 shows that she enlisted into the Regular
Army
2 August 1984.  She was awarded the military occupational specialty (MOS)
Armor Military Police (95B).  The highest rank she attained while serving
on active duty was Specialist Four (SP4).

4.  Section 9 (Awards, Decorations, and Campaigns) of the applicant's DA
Form 2-1 (Personnel Qualification Record) shows that she earned the Army
Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle
Bar, the Expert Marksmanship Qualification Badge with Hand Grenade Bar, the
Marksman Marksmanship Qualification Badge with Pistol Bar (38 Caliber).

5.  Section 5 (Overseas Service) of the applicant's DA Form 2-1, shows that
she served in the Republic of Korea from 8 January 1986 through 27 May
1987.

6.  On 1 June 1987, the applicant was honorably released from active duty
after completing a total of 2 years and 10 months of active military
service.

7.  Permanents Orders Number 72-1, Headquarters, 8th Personnel Command,
APO, San Francisco, dated 13 May 1987, shows that the named applicant, SSAN
5**-**-*3**, was awarded the ARCOM for meritorious service during period 17
January 1986 through 1 June 1987.

8.  Permanents Orders Number 47-191, Headquarters 199th Personnel Command,
APO, San Francisco, dated 6 October 1987, shows that the name applicant,
SSN 5**-**-*3**, was awarded the GCM for the period 2 August 1984 through 1
June 1987.

9.  Evidence throughout the applicant’s official records shows that her
social security number is 5**-**-*2**.

10.  Item 3 of the applicant’s DD Form 214 shows that the applicant’s
social security upon discharge was 5**-**-*2**.

11.  Records show that the applicant was assigned to the Republic of Korea
during the period of 8 January 1986 through 27 May 1987.  Therefore, she is
entitled to award of the KDSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to award of the KDSM, to
have her ARCOM and GCM added to her DD Form 214, and to have the SSN on the
orders for the GCM and ARCOM corrected.

2.  The evidence of record confirms the applicant's orders announcing the
award of the ARCOM in question contains an incorrect SSN.  The evidence of
record further confirms that the orders announcing award of the GCM in
question contain an incorrect SSN, even though her separation orders and
other records and documents on file contain the correct SSN.  It is
apparent that these entries were the result of an administrative error made
during processing.  Therefore, it would be appropriate to correct the
applicant's award documents in question to show her correct SSN.

3.  Records show that the applicant was assigned to the Republic of Korea
during the period of 8 January 1986 through 27 May 1987.  Therefore, she is
entitled to award of the KDSM.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 June 1987; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
31 May 1990.  Although the applicant did not file within the 3-year statue
of limitations, it is in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

___HOF _  ___TEO_  ___JRH__  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:

      a.  amending the Standard Name Line of Permanent Orders Number 72-1,
dated 13 May 1987 to read ***-**-*2** by deleting the seventh digit of the
SSN replacing it with the digit “2”;


      b.  amending the Standard Name Line of Permanent Orders Number 47-191,
dated 6 October 1987 to read ***-**-*2** by deleting the seventh digit of
the SSN replacing it with the digit “2”;


      c.  by providing her with an amendment to the awards documents in
question that include these changes,


      d.  adding the ARCOM to her records,


      e.  adding the GCM to her records, and

      f.  awarding her the KDSM for the period 8 January 1986 through
27 May 1987.




                            _____  Hubert O. Fry_____
                                      CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20060017343                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/22                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |AR20060017343                           |
|ISSUES         1.       |Mr. Schwartz                            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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