BOARD DATE: 24 June 2010
DOCKET NUMBER: AR20090020724
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 Commendation Medal (ARCOM).
2. The applicant states the following:
* he was awarded the ARCOM after his separation from active duty on 4 December 1991
* he volunteered for the early separation program in 1991
* the recommendation for the medal was submitted by his commanding officer 2 weeks before his departure
* he did not have the medal when he reviewed his DD Form 214 during out-processing
3. The applicant provides a copy of his DD Form 214 and a certificate for award of the ARCOM 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 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 on 15 September 1988.
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) lists award of the ARCOM.
4. The applicant was released from active duty on 4 December 1991 under the provisions Army Regulation 635-200 (Personnel Separations) by reason of convenience of the government Fiscal Year 1992 Early Transition Program.
5. His DD Form 214 does not show the ARCOM as an authorized award. Item 12f (Foreign Service) shows he completed 11 months and 17 days.
6. The applicant provided a certificate which shows he was awarded the ARCOM for meritorious service from 12 December 1990 to 3 December 1991 within the Republic of Korea based on Orders Number 910150-16, dated 17 December 1991.
7. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention in regard to correction of his records to show the ARCOM is acknowledged and is supported by the evidence of record.
2. The applicant's award certificate shows he was awarded the ARCOM by Orders Number 910150-16, dated 17 December 1991, for meritorious service from 12 December 1990 to 3 December 1991 and this award is listed on his DA Form 2-1. Therefore, these documents are accepted as a sufficient basis on which to correct the applicant's DD Form 214 to show award of the ARCOM.
3. The applicant's award certificate for the ARCOM shows he served in the Republic of Korea from 12 December 1990 to 3 December 1991. Therefore, he served a period of qualifying service for award of the KDSM and this award should be added to his DD Form 214.
BOARD VOTE:
__x______ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 amending his DD Form 214 to add the ARCOM and the KDSM.
___________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) AR20090020724
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