IN THE CASE OF:
BOARD DATE: 4 June 2009
DOCKET NUMBER: AR20090001033
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 21 March 1988 to show awards of the Army Commendation Medal and the Korea Defense Service Medal.
2. The applicant states the above awards are not included on his DD Form 214.
3. The applicant provides his DD Form 214; Headquarters, 2nd Engineer Group Permanent Orders Number 174-3, dated 10 March 1988; and an Army Commendation Medal Certificate, dated 8 March 1988.
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 enlisted in the Regular Army on 10 May 1984 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).
3. The applicant arrived in Korea and was assigned to A Company, 802nd Engineer Battalion on or about 6 March 1987. He departed Korea on or about
24 February 1988.
4. Headquarters, 2nd Engineer Group Permanent Orders Number 174-3, dated 10 March 1988, show that the applicant was awarded the Army Commendation Medal.
5. On 21 March 1988, the applicant was honorably released from active duty after completing 3 years, 10 months, and 12 days of creditable active service.
6. The applicant's DD Form 214 with the period ending 21 March 1988 shows he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster, the Army Good Conduct Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, the Army Service Ribbon, the Overseas Service Ribbon, the Army Lapel Button, the Sharpshooter Marksmanship Qualification Badge (Rifle), and the Expert Marksmanship Qualification Badge (Hand Grenade).
7. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was awarded the Army Commendation Medal. He met the eligibility criteria for award of the Korea Defense Service Medal. These awards should be added to his DD Form 214.
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 all Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 in item 13 to add the Army Commendation Medal and the Korea Defense Service Medal.
_______ _ _X______ ___
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) AR20090001033
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ABCMR Record of Proceedings (cont) AR20090001033
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