IN THE CASE OF:	  

	BOARD DATE:	  3 June 2008

	DOCKET NUMBER:  AR20080003940 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected in item 11 to show he served            9 years, 9 months, and 24 days of active service.  He also requests that his     DD Form 214 be corrected to add the Meritorious Service Medal (MSM), a couple of Army Commendation Medals (ARCOMs) and Army Achievement Medals (AAMs), and the Korea Defense Service Medal; to show he is authorized at least 6 or 7 numerals on the Overseas Service Ribbon; and to show he earned the Expert Marksmanship Qualification Badge with Rifle bar.

2.  The applicant states that his DD Form 214 shows he served a total of 8 years and 11 months.  That is a mathematical error.  

3.  The applicant provides his DD Form 214; an MSM award certificate; the front page of a DA Form 638-1 (Recommendation for Award (for other than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 4 September 1991; a DA Form 638-1, dated 29 July 1993; and orders awarding him the “Driver’s Badge/Wheel” [correctly known as the Driver and Mechanic Badge with Driver-W Bar].

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 enlisted in the Regular Army on 30 May 1989.  He completed basic training and advanced individual training on or about 25 April 1990 and was awarded military occupational specialty (MOS) 31P (Microwave System Operator/Maintainer).

3.  The applicant provided the front page of a DA Form 638-1 that shows he was recommended for award of an AAM on 4 September 1991.  He provided a completed DA Form 638-1 that shows he was recommended for, and approved for, award of an AAM on 29 July 1993.  

4.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he was awarded two awards of the AAM.

5.  The applicant provided orders showing he was awarded the “Driver and Mechanic Badge with Driver-W Bar.”

6.  The applicant’s records contain an ARCOM certificate showing 3rd Signal Brigade, Fort Hood, TX Permanent Order 8-3, dated 8 February 1995, awarded the applicant the ARCOM.

7.  Headquarters, U. S. Army Signal Center, Fort Huachuca, AZ Permanent Order 19-1, dated 19 January 1999, awarded the applicant the MSM.

8.  The applicant’s DA Form 2-1 shows he served in Korea from 30 April 1990 through 26 August 1991 and from 27 December 1994 through 24 March 1999.  His DA Form 2A, dated 5 November 1998, shows he was on an unaccompanied tour in Korea.

9.  Item 9 of the applicant’s DA Form 2-1 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle bar in July 1989.  It does not show he received any other marksmanship qualification badges.

10.  The applicant was honorably discharged on 24 March 1999.  Item 12c (Net Active Service this Period) of his DD Form 214 shows he completed 9 years,      9 months, and 25 days of active service.

11.  Item 11 (Primary Specialty (List number, title and years and months in specialty.  List additional specialty numbers and titles involving periods of one or more years)) of the applicant’s DD Form 214 shows he held MOS 31P for            8 years and 11 months.

12.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded two awards of the AAM, three awards of the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, two awards of the Overseas Service Ribbon (i.e., the Overseas Service Ribbon with Numeral 2), and the Sharpshooter Marksmanship Qualification Badge with Rifle bar.

13.  Army Regulation 600-8-22 (Military Awards) specifies 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; and 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.

14.  Army Regulation 600-8-22 provides for award of the Overseas Service Ribbon to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Soldiers must be credited with a normal overseas tour completion in accordance with Army Regulation 614-30.

15.  Army Regulation 614-30 (Overseas Service), Table 3-2, states a Soldier in an overseas area who completes the initial prescribed tour and voluntarily extends and completes an extension (single or multiple requests), and the total number of months extended is equal to the months required for the prescribed tour for that area, is credited with two completed tours.  This regulation also shows that the unaccompanied tour length for Korea is 12 months.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 already shows, in item 12c, that he served        9 years, 9 months, and 24 days of active service.  The entry in item 11 is only to indicate that he held MOS 31P for 8 years and 11 months.  That time appears to have been properly calculated.  He enlisted in May 1989; however, he was not awarded the MOS until he completed training in April 1990.   

2.  The evidence of record shows the applicant was awarded the MSM.  Therefore, this award should be added to his DD Form 214.

3.  The available evidence shows the applicant was awarded one award of the ARCOM.  He provides no evidence to show he was awarded additional ARCOMs.  Therefore, his DD Form 214 should be amended to add one award of the ARCOM.  

4.  The available evidence shows the applicant was awarded two awards of the AAM.  He provides no evidence to show he was awarded additional AAMs  Therefore, it appears his DD Form 214 properly shows he was awarded two awards of the AAM.

5.  The applicant was awarded the “Driver and Mechanic Badge with Driver-W Bar.”  This badge should be added to his DD Form 214.

6.  The applicant served in Korea during a period qualifying for award of the Korea Defense Service Medal.  Therefore, this award should be added to his   DD Form 214.  

7.  The Overseas Service Ribbon is awarded to denote successful completion of an overseas tour.  The applicant was eligible for one award of the Overseas Service Ribbon for his first tour in Korea.

8.  Army Regulation 614-30, Table 3-2, states a Soldier in an overseas area who completes the initial prescribed tour and voluntarily extends and completes an extension, and the total number of months extended is equal to the months required for the prescribed tour for that area, is credited with two completed tours.  Presumably, if the Soldier extended to and completed the equivalent of a third complete tour, he or she would be credited with three completed tours.

9.  The evidence of record shows the applicant was on a 12-month tour his second time in Korea but remained in Korea for about 67 months.  Therefore, he 
completed the equivalent of 5 completed tours.  Combined with his first completed tour in Korea, this means he is eligible for six awards of the Overseas Service Ribbon (i.e., the Overseas Service Ribbon with Numeral 6).

10.  There is no record of evidence and the applicant provides none to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  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 amending his DD Form 214 to add one award of the Meritorious Service Medal, one award of the Army Commendation Medal, “Driver and Mechanic Badge with Driver-W Bar,” and the Korea Defense Service Medal, and to correct the Overseas Service Ribbon entry to show he is eligible to wear the Numeral 6 on the Ribbon.

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 amending his DD Form 214 to add any additional awards of the Army Achievement Medal; to add more than one Army Commendation Medal; to add the Expert Marksmanship Qualification Badge; or to amend item 11 to show he held MOS 31P for 9 years, 9 months, and 25 days.



	______xxxxxx__________
		CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20080003940





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ABCMR Record of Proceedings (cont)                                         AR20080003940



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