IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026648 


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 he received three awards of the Army Achievement Medal (AAM) and to show his service in Korea with Company B, 2d Supply and Transport Battalion, 2d Infantry Division.

2.  He states he would appreciate this correction because he is not eligible for entry into the local Veterans of Foreign Wars the way his discharge stands.

3.  He provides his DD Form 214, a certificate of achievement, and three AAM Certificates.

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 7 October 1983.  He was honorably discharged on 27 March 1989 after completing 5 years, 5 months, and 21 days of net active service.

3.  Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 shows at the time of his discharge he was assigned to Company A, 73d Ordnance Battalion, 269th Ordnance Brigade, U.S. Army Ordnance, Missile, and Munitions Center and School, U.S. Army Training and Doctrine Command.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon (ASR)
* AAM with 1st Oak Leaf Cluster
* Army Good Conduct Medal (AGCM)

5.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service) he served in Korea from 15 December 1987 through 14 December 1988
* item 9 (Awards, Decorations, and Campaigns) the ASR, AGCM, and first and second awards of the AAM
* item 35 (Record of Assignments) he was assigned to Company B, 2d Supply and Transport Battalion, 2d Infantry Division, Korea, from 22 December 1987 to on or about 9 December 1988
* item 35 he was assigned to Company A, 73d Ordnance Battalion, Redstone Arsenal, AL, from 8 January 1989 until he was discharged on  27 March 1989

6.  Headquarters, 530th Supply and Service (Superleg) Battalion, Fort Bragg, NC, awarded him the AAM twice:

* on 14 August 1985 by Permanent Order 44-3 for his service during the period 15 May to 15 July 1985
* on 11 January 1988 by Permanent Order 1-2 (which amended Permanent Order 85-1) for his service during the period 17 March 1984 to 12 November 1987

7.  He provides AAM Certificates for the awards listed above and a third AAM Certificate showing he was awarded the AAM for service in Korea with Company B, 2d Supply and Transport Battalion, during the period 19 December 1987 to 17 December 1988.  This certificate does not show the orders number or the headquarters that approved the award.
8.  His record does not contain orders showing he was awarded the AAM for his service with Company B, 2d Supply and Transport Battalion, during the period 19 December 1987 to 17 December 1988.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members 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.  An oak leaf cluster is awarded to denote the second and succeeding awards of the AAM.

10.  Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time provided that the DD Form 214 would show the last unit of assignment and major command in item 8a.  The regulation did not provide for listing any other units of assignment on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains two orders awarding him the AAM and his DD Form 214 shows he was twice awarded the AAM.  He provides a certificate that shows he received a third award of the AAM; however, the available records do not include orders verifying a proper authority approved the award.  Unfortunately, a certificate alone is an insufficient basis for correcting his record to show he received three awards of the AAM.

2.  Item 8a of his DD Form 214 correctly shows his last unit of assignment.  At the time of his discharge there were no provisions for entering previous units of assignment on the DD Form 214.  Accordingly, he is not entitled to correction of his DD Form 214 to show he was assigned to Company B, 2d Supply and Transport Battalion, 2d Infantry Division.

3.  His service in Korea entitles him to the KDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  Making this correction will also address his desire for correction of his DD Form 214 to show he served in Korea.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the KDSM to item 13 of his DD Form 214.

2.  The Board further determined 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 a third award of the AAM and his service with Company B, 2d Supply and Transport Battalion, 2d Infantry Division.



      ____________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)                                         AR20100026648



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ABCMR Record of Proceedings (cont)                                         AR20100026648



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