IN THE CASE OF:	  

		BOARD DATE:	  2 March 2010

		DOCKET NUMBER:  AR20090016845 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal, his senior wings (Senior Air Craft Crewmember Badge, now known as the Senior Aviation Badge), the Combat Action Badge, and a second award of the National Defense Service Medal.

2.  The applicant states that the awards were left off of his DD Form 214 due to a clerical error.  

3.  The applicant provides a copy of his DD Form 214, dated 30 April 1997, and a copy of a DA Form 638 (Recommendation for Award), dated 11 February 1997, showing award of the Meritorious Service Medal, 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.  On 6 April 1973, the applicant enlisted in the Kansas Army National Guard (KSARNG).  On 7 June 1973, he entered active duty for training (ACDUTRA).  He completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewmember).  On 6 October 1973, he was honorably released from ACUDTRA to the control of his ARNG unit.  

3.  The applicant's records also show he enlisted in the Regular Army (RA), on 22 August 1977.  He served through multiple extensions and/or reenlistments in the RA.  He was trained in and awarded MOS 67N (Utility Helicopter Repairman) in July 1982.  Sergeant first class (SFC)/E-7 was the highest rank that he attained.

4.  The applicant's records further show he completed several periods of foreign/oversea service including service in Germany from 14 September 1977 to 10 March 1979, Korea from 21 September 1983 to 20 September 1985 and from 24 September 1985 to 12 December 1986, Saudi Arabia from 27 September 1990 to 14 April 1991, Germany from 27 January 1992 to 22 July 1995, and Korea from 4 September 1995 to 30 April 1997.  

5.  He was honorably retired on 30 April 1997.  He was placed on the retired list in his retired rank/grade of SFC/E-7, on 1 May 1997.  He was credited with over 20 years of honorable active service. 

6.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Aircraft Crewman Badge, the Army Commendation Medal (5th Oak Leaf Cluster), the Army Achievement Medal (5th Oak Leaf Cluster), the Good Conduct Medal 
(6th Award), the National Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Meritorious Unit Commendation, the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Kuwait Liberation Medal (Kuwait), the Kuwait Liberation Medal (Saudi Arabia), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 13 does not show the Meritorious Service Medal or the Senior Air Craft Crewmember Badge. 



7.  Headquarters, 2nd Infantry Division, Permanent Orders Number 078-006, dated 19 March 1997, awarded the applicant the Meritorious Service Medal for meritorious service from May 1987 to May 1997.

8.  The applicant's records do not contain a copy of the orders that awarded him the Senior Air Craft Crewmember Badge; however, item 9 (Awards, Decoration, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded, in addition to several other awards, the Senior Air Craft Crewmember Badge.

9.  Review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 from 28 July 1954 to a date to be determined by the Secretary of Defense.  Members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, ARNG, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Furthermore, Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour length and specifically tour length for Korea which is 24 months if accompanied by dependents and 12 months for all others.



	c.  The Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

	d.  The National Defense Service Medal was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, dates inclusive; between 1 January 1961 and 14  August 1974, dates inclusive; between 2 August 1990 and 30 November 1995; dates inclusive; and 11 September 2001 to a date to be determined.  To signify receipt of a second or subsequent award of the National Defense Service Medal, a service star will be worn on the service ribbon by U.S. Army personnel so qualified.  Army National Guard and U.S. Army Reserve forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Meritorious Service Medal, the Senior Air Craft Crewmember Badge, the Combat Action Badge, and a second award of the National Defense Service Medal.

2.  With respect to the Meritorious Service Medal, permanent orders awarded the applicant the Meritorious Service Medal for meritorious service from May 1987 to May 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows the applicant served in Korea from 21 September 1983 to 20 September 1985, 24 September 1985 to 12 December 1986, and 4 September 1995 to 30 April 1997.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant was credited with completion of three overseas tours:  Korea from 21 September 1983 to 20 September 1985, Germany from 27 January 1992 to 22 July 1995, and Korea from 4 September 1995 to 30 April 1997.  Therefore, he is entitled to three awards of the Overseas Service Ribbon and correction of his records to show these awards. 

5.  The evidence of record shows the applicant was awarded the Senior Air Craft Crewmember Badge which is shown on his DA Form 2-1 but not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  With respect to award of the National Defense Service Medal, the evidence of record shows that the applicant was ordered to ACTDUTRA and entered active duty on 7 June 1973 and was honorably released from ACUDTRA to the control of his ARNG unit on 6 October 1973.  Members of the ARNG are considered to be in an "inactive duty training (IDT)" program when on active duty for training (ADT).  Members of the ARNG on short tours of duty to fulfill training obligations under an IDT program are not eligible for award of the National Defense Service Medal.  In similar situations, officials at the U.S. Army Human Resources Command (USAHRC) opined that members of the ARNG on ADT are excluded from eligibility for award of the National Defense Service Medal.

7.  The applicant must have served in an active duty status after 18 September 2001 to be eligible for award of the Combat Action Badge; retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001.

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 to his DD Form 214 the Meritorious Service Medal, the Senior Air Craft Crewmember Badge, the Overseas Service Ribbon (3rd Award), and the Korea Defense Service Medal.

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 the Combat Action Badge and a second award of the National 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)                                         AR20090016845



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ABCMR Record of Proceedings (cont)                                         AR20090016845



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