IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021512
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 Joint Service Commendation Medal and Korea Defense Service Medal.
2. The applicant states he has a copy of the Joint Service Commendation Medal award and that he served in Korea.
3. The applicant provides his DD Form 214, his Joint Service Commendation Medal orders, and an extract from Army Echoes.
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 military records show he enlisted in the Regular Army on 9 March 1995. He completed initial entry training, was awarded the military occupational specialty of military police, and he was promoted to pay grade E-6.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea during the period 28 May 1996 to 9 May 1997.
4. He was honorably released from active duty on 20 January 2000 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 4 years, 10 months, and 12 days of creditable active service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Joint Service Commendation Medal or the Korea Defense Service Medal.
6. Headquarters, U.S. Army Element Allied Command Europe Permanent Orders 25-01, dated 25 January 2000, awarded him the Joint Service Commendation Medal for meritorious service from 18 May 1997 to 28 December 1999.
7. Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Joint Service Commendation Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. His record shows he met the qualifying criteria for award of the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 Joint Service Commendation 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) AR20100021512
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ABCMR Record of Proceedings (cont) AR20100021512
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