IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100024248
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Achievement Medal with 2nd Oak Leaf Cluster.
2. The applicant states he was awarded three Army Achievement Medals for the following events:
* Team Spirit, 1987 - 1988
* Tour of Duty Award (Korea), 1988
* Team Spirit, 1989 - 1990
3. The applicant provides no additional evidence.
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 records show he enlisted in the Regular Army on 18 February 1987 and he was discharged from active duty on 13 July 1990 under the provisions of paragraph 14-12b, Army Regulation 635-200 (Personal Separations), due to "Misconduct - pattern of misconduct" with a general discharge.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Army Service Ribbon, Overseas Service Ribbon, Army Achievement Medal with one Oak Leaf Cluster, and Marksman Marksmanship Qualification Badge (M-16).
4. Permanent Orders Number 14-2, issued by the U.S. Army Materiel Support Center - Korea and Camp Carroll, dated 16 May 1988, show the applicant was awarded the Army Achievement Medal for meritorious service for the period
30 June 1987 to 1 June 1988.
5. Permanent Orders Number 12-1, issued by the U.S. Army Materiel Support Center - Korea and Camp Carroll, dated 12 May 1988, show the applicant was awarded the Army Achievement Medal with 1st Oak Leaf Cluster for meritorious service for the period 4 April to 22 April 1988.
6. Permanent Orders Number 110-4, issued by the 9th Personnel Service Company, Fort Lewis, WA, dated 9 June 1989, show the applicant was awarded the Army Achievement Medal with 2nd Oak Leaf Cluster for meritorious achievement for the period 7 March to 8 March 1989.
7. 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. The applicant requests that his DD Form 214 be corrected to show the Army Achievement Medal with 2nd Oak Leaf Cluster.
2. Permanent orders awarded the applicant the Army Achievement Medal with 2nd Oak Leaf Cluster 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. Records show the applicant served during a qualifying period for award of the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
4. In view of the above, his request should be granted.
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 is 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 item13 of his DD Form 214 the Army Achievement Medal with 2nd Oak Leaf Cluster 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) AR20100024248
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ABCMR Record of Proceedings (cont) AR20100024248
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