IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090009980
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) to show award of the Army Good Conduct Medal and the Korea Defense Service Medal.
2. The applicant states, in effect, that the awards are not listed on his DD Form 214.
3. The applicant provided, in support of his application, a copy of his DD Form 214 for the period ending 4 June 2000; a copy of 3rd Infantry Division, Fort Stewart, GA, Permanent Orders 81-4, dated 21 March 2000, showing award of the Army Good Conduct Medal (1st award); a copy of a DA Form 638 (Recommendation for Award), dated 2 September 1997, showing award of the Army Achievement Medal; and a copy of Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, Orders 248-00271, dated 4 September 1996, reassigning him to Korea.
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 record shows he enlisted in the Regular Army (RA) for a period of 4 years on 5 June 1996. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 93C (Air Traffic Control Operator). He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 4 June 2000 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.
3. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal (2nd Award), National Defense Service Medal, Army Lapel Button, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. Item 13 does not show award of the Army Good Conduct Medal.
4. Permanent Orders 81-4, dated 21 March 2000, show the applicant was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active Federal military service from 5 June 1996 to
6 June 1999.
5. The applicant submitted a copy of a DA Form 638, dated 2 September 1997, that shows he was awarded the Army Achievement Medal for meritorious service in Korea during the period 12 November 1996 to 11 November 1997.
6. 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 and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 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.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Army Good Conduct Medal
(1st Award) for exemplary behavior, efficiency, and fidelity in active Federal military service from 5 June 1996 to 6 June 1999, which is not shown on his DD Form 214. Therefore, he is entitled to correction of his records to show this award.
2. The evidence of record shows that the applicant served in Korea from 12 November 1996 to 11 November 1997. Therefore, he served a qualifying period for award of the Korea Defense Service Medal. Therefore, he is entitled to correction of his records 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 adding to item 13 of his DD Form 214 the Army Good Conduct Medal
(1st Award) 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) AR20090009980
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ABCMR Record of Proceedings (cont) AR20090009980
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