RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 04 April 2008
DOCKET NUMBER: AR20070016281
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 correction of his DD Form 214 (Certificate Of Release Or Discharge From Active Duty) to show award of the Army Achievement Medal (AAM).
2. The applicant states, in effect, that the AAM he was awarded is not recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of the Department of the Army Certificate awarding him the AAM.
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 applicants 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 applicants 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 he enlisted in the Regular Army on 1 April 1986. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 76Y (Unit Supply Specialist). The highest grade held was Private First Class (E-3).
3. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he earned the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Army Service Ribbon, and the Overseas Service Ribbon.
4. On 1 December 1988, the applicant was honorably discharged from active duty after completing a total of 2 years, 8 months, and 1 of active military service.
5. Permanent Orders Number 162-82, Headquarters 2nd Infantry Division, APO, San Francisco, dated 3 August 1987, show that the applicant was awarded the AAM for meritorious service during the period 19 July 1986 to 17 July 1987.
6. Army Regulation 600-8-22 (Military Awards) 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.
7. A review of the applicant's record reveals that he may be entitled to an additional award that is not shown on his DD Form 214.
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 applicant contends that he is entitled to award of the AAM.
2. Permanent Orders Number 162-82 show that the applicant was awarded the AAM, which is not shown on his separation document. Therefore, he is entitled to correction of his records to show this award
3. Records show that the applicant was assigned to the Republic of Korea during the period of 1 April 1986 through 1 December 1988. Therefore, he is entitled to award of the KDSM.
BOARD VOTE:
__PBF __ __ENA__ __JCR___ 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 AAM, the KDSM, and the Overseas Service Bar.
___ Eric N. Andersen___
CHAIRPERSON
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