RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 December 2007
      DOCKET NUMBER:  AR20070009227


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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 two awards of the Army
Commendation Medal (ARCOM) he received be added to the list of awards
contained in Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) of his 21 January 1985 separation document
(DD Form 214).

2.  The applicant states, in effect, that he received two awards of the
ARCOM that are not reflected on his DD Form 214.

3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he initially enlisted in the Regular
Army and entered active duty on 29 June 1976.  He was initially trained in
and awarded military occupational specialty (MOS) 11B (Infantryman) on
14 October 1976.

3.  On 30 March 1979, the applicant reenlisted and on 4 September 1979, he
was reclassified into MOS 71M (Chapel Activities Specialist).  His record
shows that he was promoted to the rank of specialist five (SP5) on 3 July
1981, and that this is the highest rank he attained while serving on active
duty.  It also shows that he completed an overseas tour in Korea on 1
October 1981.

4.  The applicant's Official Military Personnel File (OMPF) contains
Headquarters,
2nd Infantry Division Permanent Orders Number 81-32, dated 21 September
1981, which awarded the applicant the ARCOM, for his meritorious service
from 10 October 1980 through 5 October 1981.  It also contains
Headquarters, United States Army Engineer Center and Fort Belvoir, Fort
Belvoir, Virginia, Permanent Orders Number 34-1, dated 2 May 1983.
Paragraph 6 of these orders awarded the applicant the ARCOM for his
meritorious service from 5 October 1981 through 15 March 1983.

5.  On 21 January 1985, the applicant was honorably discharged at the
expiration of his term of service.  The DD Form 214 he was issued confirms
he completed a total of 8 years, 6 months and 23 days of active military
service and that he held the rank of SP5 on the date of his discharge.
Item 13 shows that he earned the following awards during his active duty
tenure:  Army Service Ribbon; Army Good Conduct Medal (2nd Award); Air
Assault Badge; Expert Marksmanship Qualification Badge with Rifle and
Pistol Bars; and Sharpshooter Marksmanship Qualification Badge with Grenade
Bar.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual and unit
military awards.  Paragraph 2-20 contains guidance on the Korea Defense
Service Medal.  It states, in pertinent part, that it is authorized for, 30
consecutive days or
60 nonconsecutive days, of service in Korea completed between 28 July 1954
and a date to be determined by the Secretary of Defense.

7.  Paragraph 3-17 of the awards regulation contains guidance on the ARCOM.
 It states, in pertinent part, that it is awarded for heroism, meritorious
achievement, or meritorious service, and that an Oak Leaf Cluster is
awarded to denote a second or subsequent award of the ARCOM.

8.  Paragraph 5-4 of the awards regulation contains guidance on the
Overseas Service Ribbon.  It states, in pertinent part, that effective 1
August 1981, it is authorized to all members of the Active Army, Army
National Guard and
Army Reserve in an active Reserve status who are credited with completing a
normal overseas tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned two awards of the ARCOM that
should have been included in Item 13 of his 21 January 1985 DD Form 214 was
carefully considered and found to have merit.  The applicant's OMPF
includes orders awarding him the ARCOM for meritorious service between 10
October 1980 through 5 October 1981 and for meritorious service between 5
October 1981 through 15 March 1983.  Therefore, it would be appropriate to
add the ARCOM with 1st Oak Leaf Cluster (2nd Award) to the list of awards
contained in the applicant's 1985 DD Form 214

2.  The evidence of record also confirms that based on the applicant's
completion of an overseas tour in Korea, he is also entitled to the Korea
Defense Service Medal and the Overseas Service Ribbon, which should both be
added to his record and separation document at this time.

BOARD VOTE:

__JTS___  __MJNT_  __TMR__  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending Item 13 of his 21 January 1985 DD Form 214 by adding the Army
Commendation Medal with 1st Oak Leaf Cluster (2nd Award), Korea Defense
Service Medal and Overseas Service Ribbon; and by providing him a
correction to his separation document that includes these awards.




                            _____John N. Slone  ____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070009227                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1985/01/21                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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