BOARD DATE:	  3 November 2010

		DOCKET NUMBER:  AR20090005844 


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, in effect, that two Army Commendation Medals and a Meritorious Service Medal be added to his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the awards were sent to his home of record and it was many years before he read them.

3.  The applicant provides copies of the certificate and recommendation for the Meritorious Service Medal and two different orders for the same Army Commendation Medal with 2nd Oak Leaf Cluster 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 enlisted in the Regular Army and entered active duty on 16 November 1970; he reenlisted on 17 August 1972.  On 14 December 1978, the applicant reenlisted in pay grade E-6 with 8 years and 28 days of prior service.  No DD Form 214 for that prior service is available.

3.  He retired as a first sergeant (E-8) on 30 November 1990 for length of service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows his awards as the Army Service Ribbon, Overseas Service Ribbon (4th Award), Army Good Conduct Medal (6th Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Achievement Medal with 1st Oak Leaf Cluster, Army Commendation Medal with 1st Oak Leaf Cluster, National Defense Service Medal, and the Armed Forces Expeditionary Medal.

5.  His DA Form 2-1 (Personnel Qualification Record-Part II) shows in item 9 (Awards, Decorations, and Campaigns) that he was authorized the Overseas Service Ribbon (3rd Award), Army Good Conduct Medal (6th Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Achievement Medal (2d Award), Army Commendation Medal (2d Award), National Defense Service Medal, the Armed Forces Expeditionary Medal (Grenada), Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Item 5 (Oversea Service) of the DA Form 2-1 shows that the applicant served four tours of duty in Korea.

7.  The applicant provided the following documents with his application.

	a.  The certificate and recommendation for the Meritorious Service Medal show that he was recommended for his outstanding meritorious service for the 10-year period from 30 November 1980 to 1 December 1990.  The award was approved by the Acting Commander, XVIII Airborne Corps, and published under Permanent Orders Number 135-13 on 10 September 1990.

	b.  Permanent Orders 67-1, Headquarters, 525th Military Intelligence Brigade, dated 3 December 1987, awarded the Army Commendation Medal with 2nd Oak Leaf Cluster to the applicant for meritorious service for the period 15 June 1982 to 7 September 1987.

	c.  Permanent Orders 6-1, Headquarters, 525th Military Intelligence Brigade, dated 16 February 1988, awarded the Army Commendation Medal with 2nd Oak Leaf Cluster to the applicant for meritorious service for the period 15 June 1982 to 7 September 1987.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 1-19, states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

9.  Army Regulation 600-8-22 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 and period of eligibility are as follows:

	a.  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;

	b.  the period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense; and

	c.  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 meet other specific criteria.

10.  Army Regulation 600-8-22 also provides guidance for devices on medals and ribbons as follows:

	a.  paragraph 4-9 states a clasp is worn on the Army Good Conduct Medal to denote a second and subsequent awards.  Table 4-1 lists a silver clasp with one loop as the appropriate device for the 6th award;

	b.  paragraph 5-4d states numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon;

	c.  paragraph 5-6 provides that a numeral, starting with 2, is worn on the Noncommissioned Officer Professional Development Ribbon to designate the second and subsequent awards; and

	d.  paragraph 6-3 provides for the wear of an oak leaf cluster to denote award of second and succeeding awards of decorations (other than the Air Medal), the Army Reserve Components Achievement Medal, and unit awards.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that two Army Commendation Medals and a Meritorious Service Medal be added to his retirement DD Form 214.  

2.  The applicant was awarded the Meritorious Service Medal by Permanent Orders Number 135-13 on 10 September 1990.

3.  The two orders for the Army Commendation Medal with 2nd Oak Leaf Cluster are from the same organization and for the same period of service.  Army Regulation 600-8-22 states, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  It appears that the second orders were published erroneously due to an administrative error.  His DA Form 2-1 shows the Army Commendation Medal (2nd Award) and his DD Form 214 lists the Army Commendation Medal with 1st Oak Leaf Cluster.  These entries indicate that the correct total number of Army Commendation Medals is two.  Therefore, there is insufficient evidence to add two Army Commendation Medals.

4.  The applicant's DA Form 2-1 shows that he is authorized the Expert Marksmanship Qualification Badge with Rifle Bar that is not listed on his DD Form 214.

5.  The applicant served four tours of duty in the Republic of Korea and is authorized the Korea Defense Service Medal.

6.  The above discussed awards should be added to the applicant's 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 adding the Meritorious Service Medal, Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar to his 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 adding additional Army Commendation Medals to his DD Form 214.



      __________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)                                         AR20090005844





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ABCMR Record of Proceedings (cont)                                         AR20090005844



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