IN THE CASE OF:
BOARD DATE: 18 DECEMBER 2008
DOCKET NUMBER: AR20080011796
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 his award of the Antarctica Service Medal (ASM) be added to his records.
2. The applicant states that he served with the 16th Transportation Detachment in Antarctica from October 1980 to March 1981 and was awarded the ASM; however, it was not included in his records.
3. The applicant provides one page from his DA Form 2-1 showing that he served in Antarctica on temporary duty for a period of 5 months ending in March 1981, a copy of his NGB Form 22, a copy of his issue and turn-in sheets for clothing in Antarctica, and two photographs showing a welcome sign to McMurdo and an individual standing outside in snowicovered surroundings.
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 records, though somewhat incomplete, show that he enlisted in the Regular Army in St. Louis, Missouri on 8 January 1979 for a period of 3 years. He completed his training and served as a terminal operations coordinator. He was advanced to the pay grade of E-4 on 1 September 1980.
3. The documents provided by the applicant show that he was issued his standard Antarctica clothing issue at the Extreme Cold Weather Warehouse, Naval Support Force, Detachment Delta on 4 October 1980 and turned his clothing issue in on 16 February 1981. Those documents indicate he was assigned to the 16th Transportation Detachment.
4. He returned to Fort Eustis, Virginia and assignment to the 264th Transportation Company, where he remained until he was honorably released from active duty on 18 December 1981 due to completion of required service. He had served 2 years, 11 months and 11 days of total active service and he was awarded the Good Conduct Medal, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar. There is no evidence that he was awarded the Antarctica Service Medal.
5. On 30 October 1982, he enlisted in the Illinois Army National Guard (ILARNG) and served until he was discharged under honorable conditions on 29 April 1994. His NGB Form 22 shows no indication that he was awarded the Antarctica Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the ASM is awarded to any member of the Armed Forces of the United States or civilian citizen, national, or resident alien of the United States who is a member of a direct support or exploratory operation in Antarctica under competent orders for a minimum of 30 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the ASM was omitted from his records has been considered and appears to have merit.
2. There is sufficient evidence to establish that he was qualified for the award of the ASM. It is reasonable to presume that he was in fact awarded the ASM and that the absence of the ASM on his records was simply an administrative oversight on the part of all concerned.
3. Accordingly, it would be in the interest of justice at this time to correct all of his records (both Regular Army and National Guard) to reflect his award of the ASM.
BOARD VOTE:
___X_____ ____X____ ___X_____ 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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing his award of the ASM.
_______ _XXX _______ ___
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.
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