IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090012084
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 records to show award of the Army Achievement Medal and the Korea Defense Service Medal.
2. The applicant states that he was previously awarded the Army Achievement Medal but it is not shown on his records. He adds that he meets the requirements for award of the Korea Defense Service Medal because he was stationed in Korea for 3 months and 6 days with the 6th Ordnance Battalion.
3. The applicant provides a copy of a letter, dated from 3 July 2009, from the National Personnel Records Center (NPRC); a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 August 1995; a copy of an internet printout regarding the criteria for award of the Korea Defense Service Medal; and a copy of a certificate and DA Form 638 (Recommendation for Award), dated 14 July 1994, showing award of the Army Achievement Medal in support of his application.
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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 27 August 1993. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 54B (Chemical Specialist). The highest rank/grade he held during his military service was specialist (SPC)/E-4.
3. The applicants records also show he completed 3 months and 6 days of foreign service in Korea from on or about 27 April 1995 to on or about 29 July 1995. He was assigned to Headquarters, 6th Ordnance Battalion.
4. He was discharged on 2 August 1995 with a general, under honorable conditions character of service. The DD Form 214 he was issued shows he completed 1 year, 11 months, and 6 days of creditable active service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Achievement Medal or the Korea Defense Service Medal.
6. Headquarters, 924th Aviation Support Battalion, Hunter Army Airfield, GA, Permanent Order Number 24-10, dated 14 July 1994, show the applicant was awarded the Army Achievement Medal for outstanding achievement from 11 July 1994 to 13 July 1994.
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 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. The applicant contends that his records should be corrected to show the Army Achievement Medal and the Korea Defense Service Medal.
2. Permanent orders awarded the applicant the Army Achievement Medal for outstanding achievement from 11 July 1994 to 13 July 1994 which is not shown on his records; therefore, he is entitled to correction of his records to show this award.
3. The evidence of record shows that the applicant completed 3 months and 6 days of foreign service in Korea from on or about 24 April 1995 to on or about 29 July 1995. 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 Achievement 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) AR20090012084
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ABCMR Record of Proceedings (cont) AR20090012084
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