IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090003193 


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 her records to show award of the Korea Defense Service Medal and a third award of the Army Reserve Components Achievement Medal.

2.  The applicant states that she served in Korea from 4 May 1983 to 30 April 1984.  She adds that she should have been awarded her third award of the Army Reserve Components Achievement Medal.

3.  The applicant provides a self-authored statement, dated 14 January 2009; a copy of a letter of commendation, dated 9 March 1984; a copy of her DA Form 1059 (Service School Academic Evaluation Report), dated 11 July 2003; and copies of her DA Forms 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the periods 200007 to 200106 and 200206 to 200307, in support of his request.

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’s records show she initially enlisted in the Regular Army for a period of 4 years on 22 April 1982.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 29F (Fixed Communications Security Equipment Repairer).  She was honorably separated in the rank of sergeant and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 21 November 1986.  She completed 4 years and 7 months of creditable active military service,

3.  The applicant’s records further show she served in Korea from on or about 29 April 1983 to on or about 25 April 1984.  She was assigned to the 304th Signal Battalion. 

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows she was awarded the Army Service Ribbon, the NCO Professional Development Ribbon, the Overseas Service Ribbon, the Army Lapel Button, the Army Achievement Medal, the Good Conduct Medal, the Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

5.  The applicant’s records further show she executed three 6-year reenlistments in the USAR on 10 April 1988, 3 February 1994, and 3 December 1999, and held MOS 79R (Recruiter).  

6.  On 15 January 1997, the applicant was ordered to active duty.  She completed 3 years of creditable active military service and was honorably released from active duty to the control of her USAR unit on 14 January 2000.  

7.  Item 13 of the DD Form 214 she was issued on 14 January 2000 shows she was awarded the Army Commendation Medal (3rd Award), the Army Achievement Medal (3rd Award), the Good Conduct Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with Device (Hourglass), the NCO Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the U.S. Army Recruiter Badge with Gold Achievement Star.  

8.  On 26 March 2003, the U.S. Army Reserve Personnel Command (now known as the U.S. Army Human Resources Command), St. Louis, MO, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  

9.  On 9 August 2004, the applicant was honorably transferred to the Retired Reserve in the rank of sergeant first class.

10.  In her self-authored statement, dated 14 January 2009, the applicant states that she requests consideration for and the issuance of a third award of the Army Reserve Components Achievement Medal for the period from 14 January 2000 to 8 August 2004.  She adds that shortly after her transfer due to a service-connected injury, her unit was fragmented and deployed and her records were misplaced.  She was told that she was recommended for a third award of the Army Reserve Components Achievement Medal, but is unsure if she was awarded this award.

11.  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 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 area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, is wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. Only one award of the KDSM is authorized for any individual. 

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  The period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Reserve Components Achievement Medal.  A member must be recommended for the award by his/her unit commander.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be awarded the Korea Defense Service Medal and a third award of the Army Reserve Components Achievement Medal.   

2.  The evidence of record shows that the applicant served in Korea from on or about 29 April 1983 to on or about 25 April 1984.  Therefore, she served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of her last DD Form 214 to show this award.

3.  With respect to award of the Army Reserve Components Achievement Medal, the evidence of record shows that subsequent to her release from active duty on 14 January 2000 and until her transfer to the Retired Reserve on 9 August 2004, the applicant received superior performance ratings on her academic and evaluation reports   Additionally, her record contains no derogatory information that would have disqualified her from receiving her third award.  Therefore, in the absence of a commander's disqualification, it appears she qualified for a third award of the Army Reserve Components Achievement Medal and should have her records corrected to show this award.

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:

	a.  awarding the applicant the Army Reserve Components Achievement Medal from 15 January 2000 through 14 January 2003; and 

	b.  awarding the applicant the Korea Defense Service Medal and adding this award to her last DD Form 214, dated 14 January 2000.




      _______ _  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)                                         AR20090003193





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ABCMR Record of Proceedings (cont)                                         AR20090003193



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