BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100022560
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. He states he was given the award close to his expiration of term of service (ETS) and that it did not get into his record before his DD Form 214 was completed. He also states he needs a replacement medal and ribbon for the Army Commendation Medal.
3. He provides a copy of his DD Form 214 and Army Commendation Medal certificate.
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 requested a replacement medal set for the Army Commendation Medal; however, the ABCMR does not issue replacement sets. The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), 9700 Page Boulevard, St. Louis, MO 63132-5100. The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals. Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/#evetrecs or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website. At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request. All requests must be signed and dated. Therefore, this portion of the applicant's request will not be discussed further in these proceedings.
3. The applicant enlisted in the Regular Army on 26 August 1992. He successfully completed basic and advanced individual training and he was awarded military occupational specialty 95B (Military Police).
4. Permanent Order 176-6, issued by Military Police Activity, Fort Gordon, GA, dated 25 June 1997, awarded the applicant the Army Commendation Medal for outstanding achievement as a military policeman.
5. On 25 August 1997, the applicant was honorably released from active duty at the completion of required active duty. He completed 5 years of creditable active service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Army Commendation Medal.
7. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the Republic of Korea during the period
4 January 1993 through 30 December 1993.
8. Army Regulation 600-8-22 (Military Awards) 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. Evidence of record shows the applicant was awarded the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. He served in the Republic of Korea during the period from 4 January 1993 through 30 December 1993. He met the eligibility criteria for award of the Korea Defense Service Medal. Therefore, his DD Form 214 should be amended 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 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) AR20100022560
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ABCMR Record of Proceedings (cont) AR20100022560
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