IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090001163 


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 he be awarded the Army Achievement Medal (AAM), the Army Commendation Medal (ARCOM), the Army Distinguished Service Medal (DSM), the Korea Defense Service Medal (KDSM), and the Armed Forces Service Medal (AFSM) and that his records be corrected accordingly.

2.  The applicant states that he wants his active duty records to reflect the awards that he is due.  He goes on to state that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) only reflects his award of the Army Good Conduct Medal (AGCM) and he wants his records to reflect all medals and ribbons that he is authorized so that he can pass them on to his family.  He also states that in addition to the above awards that he believes he is qualified to receive, his records should also show that he earned two overseas service bars and one service stripe.

3.  The applicant provides a two-page letter explaining his application and a copy of his DD Form 214.

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 in Baltimore, Maryland, on 26 June 1957 for a period of 3 years.  He completed his basic training at Fort Gordon, Georgia, and his advanced individual training at Fort Jackson, South Carolina, and was transferred to Korea on 4 June 1958.  He was assigned as a clerk-typist in the S-2 section of Headquarters Company, 1st Battle Group, 8th Cavalry Regiment.  He was advanced to the pay grade of E-4 on 25 March 1959.

3.  He departed Korea on 4 June 1959 and was assigned to Fort Knox, Kentucky, for duty as a personnel specialist.  He was promoted to the pay grade of E-5 on 24 November 1959.  He was awarded the AGCM on 6 June 1960.

4.  On 25 June 1969, he was honorably released from active duty due to the expiration of his term of service.  He had served 3 years of total active service, and his DD Form 214 shows he was awarded the AGCM.

5.  A review of the applicant's official records revealed orders only for the AGCM.

6.  Army Regulation 600-8-22 (Military Awards) provides that the DSM is presented to any person who, while serving in any capacity of the United States Military, has distinguished themselves by exceptionally meritorious service to the Government in a duty of great responsibility.  The DSM ranks above the Silver Star and a formal recommendation, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the AAM 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.

9.  Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides, in pertinent part, that the AFSM may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  a) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or b) participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

10.  Army Human Resources Command message, date/time group 9 February 2004, published implementing instructions for award of the KDSM.  This message specified criteria for the award of the KDSM 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.

11.  Army Regulation 600-8-22 also states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

12.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  Overseas service bars are not authorized for entry on the DD Form 214.
13.  Army Regulation 670-1, in effect at the time, governed the requirements for service stripes.  In pertinent part, it provided that a stripe is authorized for wear for each 3-year period of active Federal service, active Reserve service, or a combination thereof.  Service stripes are not authorized for entry on the DD Form 214.

14.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file, the military personnel records jacket, the career management individual file, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  The DD Form 214 alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD Form 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

15.  Title 10 of the U. S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has already been awarded the AGCM and that award is properly entered on his DD Form 214.  Accordingly, no further action is required.

2.  The applicant served in Korea from 4 June 1958 through 4 June 1959; therefore, he is entitled to award of the KDSM for that service and to have it entered on his records.

3.  The applicant's contention that he is due the awards of the DSM, the ARCOM, the AAM, and the AFSM has been noted and found to lack merit.  There are no automatic entitlements to awards (except the Purple Heart) until such time as a recommendation has been approved by the appropriate authority.  The applicant has failed to show that such occurred.

4.  The AAM and the AFSM were not authorized awards during the time frame the applicant served on active duty and there is no evidence in the available records to show that he was ever recommended for award of the DSM or ARCOM or that such a recommendation was warranted.  Therefore, it appears that there is no basis to grant that portion of the applicant's request.

5.  While the available evidence is insufficient for awarding the applicant the DSM or the ARCOM, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

6.  The applicant's contention that he is entitled to have two overseas service bars and one service stripe added to his DD Form 214 has also been noted and found to lack merit.  Overseas service bars are authorized for each 6-month period served in a hostile fire zone; however, they are not authorized for entry on the DD Form 214.  Service stripes are authorized for each 3-year period of honorable active Federal service; however, they also are not authorized for entry on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  ____X___  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 awarding him the KDSM and reflecting this award on his records.

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 awards of the DSM, the ARCOM, the AAM, and the AFSM or adding the overseas service bars and service stripes to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20090001163



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ABCMR Record of Proceedings (cont)                                         AR20090001163



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