IN THE CASE OF:	  

	BOARD DATE:	  11 June 2008

	DOCKET NUMBER:  AR20080004983 


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 that the awards she received in Korea be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the awards are not listed on her DD Form 214.  She just recovered them from storage.

3.  The applicant provides her DD Form 214; Army Achievement Medal orders and the related DA Form 638 (Recommendation for Award); and a Certificate of Achievement and the related DA Form 638.

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 13 June 2002.  She arrived in Korea on or about 15 January 2003.

3.  On 4 August 2003, the applicant was recommended for award of the Army Achievement Medal.  The awards approval authority downgraded the award to a Certificate of Achievement.  

4.  Headquarters, 168th Medical Battalion, Permanent Order Number 342-012, dated 8 December 2003, awarded the applicant the Army Achievement Medal.

5.  The applicant departed Korea on or about 8 December 2003 after completion of a normal overseas tour.

6.  On 1 March 2004, the applicant was honorably released from active duty due to pregnancy.  She had completed 1 year, 8 months, and 19 days of creditable active service with no time lost.  Her DD Form 214 shows she was awarded the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon.

7.  The applicant’s records contain no derogatory information and no evidence that she was disqualified for award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Army Good Conduct Medal to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  

9.  Army Regulation 600-8-22 states that, although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201.  The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF.  

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.

11.  Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal and specifies the eligibility criteria 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.

12.  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. 

13.  Army Regulation 635-5 provides instructions for the preparation of the         DD Form 214.  This regulation provides that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Army Achievement Medal.  This award should be added to her DD Form 214.

2.  The applicant was honorably released from active duty after completing over 20 months of creditable active service with no time lost.  There is no derogatory information in her records and no evidence to show she was disqualified for award of the Army Good Conduct Medal.  It appears she met the eligibility criteria for award of the Army Good Conduct Medal for the period 13 June 2002 through 1 March 2004.

3.  The applicant met the eligibility criteria for award of the Global War on Terrorism Service Medal, the Korea Defense Service Medal, and the Overseas Service Ribbon.  These awards should also be added to her DD Form 214.

4.  There is no regulatory authority for entering a Certificate of Achievement on the DD Form 214.  

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:

     a.  awarding her the first award of the Army Good Conduct Medal for the period 13 June 2002 through 1 March 2004; and 

     b.  adding the Army Achievement Medal, the Army Good Conduct Medal, the Global War on Terrorism Service Medal, the Korea Defense Service Medal, and the Overseas Service Ribbon to her 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 adding the Certificate of Achievement to her DD Form 214.



	_________xxxx__________
      	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)                                         AR20080004983



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ABCMR Record of Proceedings (cont)                                         AR20080004983



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