BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090019960 


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 the following:

	a.  item 4a [sic] (Grade, Rate or Rank) – E-4P (promotable) and approved promotion to 73C2O;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* Army Good Conduct Medal
* Army Achievement Medal

	c.  Item 14 (Military Education):

* Introduction to Rapelling and Mountaineering, Cheju-Do Training Center, Korea
* Lance Crewmember Course Number 221-13N1O

	d.  item 18 (Remarks) – Service in South Korea.

2.  The applicant states this information was overlooked during the preparation of his DD Form 214.

3.  The applicant provides:
* 
DD Form 214
* Lance Crewmember Course Certificate of Completion, dated 20 November 1991
* Introduction to Rappelling and Mountaineering Certificate of Training
* DA Form 638 (Recommendation for Award) for the Army Commendation Medal, dated 22 September 1993
* Permanent Order Number 45-1 awarding him the Army Commendation Medal
* Permanent Orders 10-03 awarding him the Army Good Conduct Medal (1st Award)
* Army Good Conduct Medal Certificate
* letter of commendation, dated 4 February 1992
* Certificate of Achievement, dated 27 December 1991
* Certificate of Achievement, dated 17 November 1992
* memorandum of appreciation, dated 8 March 1993
* DA Form 3355 (Promotion Point Worksheet), dated 2 April 1993

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 30 July 1991, the applicant enlisted in the Regular Army in pay grade E-1. 
He completed training and he was awarded a finance specialist military occupational specialty.

3.  The applicant's records show he:

* completed a 6-week Lance Crewmember Course at Fort Sill, Oklahoma, on 20 November 1991
* arrived in Korea on 17 February 1992
* was promoted through the ranks to specialist (SPC)/E-4 effective 1 November 1992
* completed an Introduction to Rappelling and Mountaineering Course at the U.S. Training Center, Cheju-Do, Korea, from 10 August 1992 through 17 August 1992 (1 week)

4.  On 12 October 1993, Permanent Order Number 45-1 was published awarding the applicant the Army Commendation Medal for exceptionally meritorious service from 19 February 1992 to 8 November 1993.

5.  Permanent Orders 10-3 were published on 21 October 1993 awarding him the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity from 30 July 1991 to 2 December 1993.

6.  The applicant returned to the continental United States on 1 December 1993 and he was honorably released from active duty (REFRAD) at the completion of his required active service.  His DD Form 214 shows:

	a.  item 4a – SPC

	b.  item 13:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar

	c.  item 14 – Finance Specialist, 7 weeks, February 1992

7.  Item 18 of his DD Form 214 does not make any reference to the time he served in Korea.

8.  The applicant submits two Certificates of Achievement, a letter of commendation, and a memorandum of commendation that he earned for his achievements and outstanding duty performance while he was in the Army.

9.  He also submits a Promotion Point Worksheet, dated 2 April 1993, showing he was granted 508 promotion points and was recommended for promotion by a valid promotion board.

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It states that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.  It states:

* item 4a and 4b (Pay Grade) – enter active duty grade or rank and pay grade at time of separation
* item 13 – enter all awards, decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service.  Do not enter State awards and decorations on DD Form 214.  Enter all Federal awards and decorations for first award
* item 14 – list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed
* item 18 – for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.  Only deployment in an imminent danger/hostile fire zone will be reflected

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 also provides 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 areas 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

13.  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 meet one of the following criteria:

* be engaged in combat during an armed engagement, regardless of the time in the area of eligibility
* be wounded or injured in the line of duty and required medical evacuation from the area of eligibility
* participate as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record and the applicant has not submitted any evidence to show that orders were ever published awarding him the Army Achievement Medal.  Therefore, this award cannot be included on his DD Form 214.

2.  The applicant was not deployed to an imminent danger/hostile fire zone and as such, his service in Korea should not be shown in the remarks section of his DD Form 214.

3.  His contention regarding the grade, rate, or rank shown on his DD Form 214 has been considered.  However, he was serving in the rank of specialist and in the pay grade of E-4 at the time of his REFRAD and this information was annotated on his DD Form 214 in accordance with the applicable regulation.

4.  The Lance Crewmember Course the applicant attended in November 1991 is a combat related skills course and it is properly not shown on his DD Form 214 as part of his military education.

5.  The records also show he completed a 1-week Introduction to Rappelling and Mountaineering Course in August 1992 and this course is not a combat-related skills course.

6.  The available records do show he was awarded the Army Commendation Medal in Permanent Order Number 45-1 and the Army Good Conduct Medal in Permanent Orders 10-03.  He is also authorized the Korea Defense Service Medal based on his service in Korea from 17 February 1992 through 1 December 1993.  These awards should be included on his 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:

	a.  amending item 13 of his DD Form 214 to add the following awards:

* Army Commendation Medal
* Army Good Conduct Medal
* Korea Defense Service Medal

	b.  amending item 14 of his DD Form 214 to add Introduction to Rappelling and Mountaineering, 1 week, August 1992.

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 amending his DD Form 214 to show:

* item 4b – E-4P (promotable) and approved promotion to 73C2O
* item 13 – Army Achievement Medal
* item 14 – Lance Crewmember Course
* item 18 – Service in South Korea



      __________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)                                         AR20090019960



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ABCMR Record of Proceedings (cont)                                         AR20090019960



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