IN THE CASE OF:	  

		BOARD DATE:	    31 May 2011

		DOCKET NUMBER:  AR20100027376 


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 military records to show award of the Military Outstanding Volunteer Service Medal (MOVSM).

2.  The applicant states he was assigned to the 2nd Infantry Division in the Republic of Korea (ROK) where he volunteered his time helping the local school children learn English.

	a.  During October to December 2004, he spent Saturday mornings at the local elementary school aiding in the teaching of English to the children.  He was informed in December 2004 that he was being recommended for the MOVSM.

	b.  He finished his tour of duty in the ROK around 12 January 2005.  He was next assigned to the 3rd Armored Cavalry Regiment.  In March 2005, he was in Kuwait and by April he was in Iraq.

	c.  He was subsequently assigned to Fort Gordon, Georgia, where Company A, 447th Signal Battalion, 15th Signal Brigade, put no effort into helping him receive the MOVSM.  However, when he was assigned to Company D, 53rd Signal Battalion, 1st Space Brigade, it was given a tremendous push.

	d.  He was recommended for this award several times, but it was lost several times.  Then it was denied for an invalid reason, saying he had not achieved the time requirements.  There are no time requirements.  He has exhausted his options.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a statement of support from another Soldier; a Certificate of Appreciation, dated 22 December 2004; a Certificate of Appreciation, dated 10 March 2005; and a training certificate from the United Service Organization (USO).

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's records, including his DA Form 4980 (Army Achievement Medal Certificate), indicate he was assigned to Battery A, 5th Battalion, 5th Air Defense Artillery Regiment, in the ROK from on or about 23 January 2004 to on or about 21 January 2005.  

3.  The statement from another Soldier provided by the applicant says the applicant volunteered every Saturday morning to help teach English at the local schools.  It does not state how long he performed this service.

4.  The USO training certificate provided by the applicant indicates he completed a 3-hour introductory workshop titled, "Virtues Project Training for the Volunteers."  It is signed by the Director, Camp Casey USO.

5.  On 22 December 2004, the Bo-San Elementary School Principal stated in a Certificate of Appreciation to the applicant, "For your great contribution to further understanding American culture and friendship through 12 weeks of English class during the second term 2004 for Bo-San Elementary School students as USO volunteers, we present this Certificate of Appreciation."

6.  On 5 March 2005, the Superintendent, Dongducheon Office of Education for the Gyeonggi Province, stated in a Certificate of Appreciation, "In recognition of your care for the students' basic English skills during your service in ROK I give this Letter of Appreciation."
7.  On or about 21 January 2005, the applicant departed the ROK.  He was assigned for duty in Iraq in 2005-2006.  He was located at the Presidio of Monterey, California, when he was discharged due to physical disability on 6 October 2009.

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Basic Air Force Space Badge

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.

	a.  The MOVSM was established by Executive Order 12830, dated 9 January 1993.  It may be awarded to members of the Armed Forces of the United States who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature.  To qualify for award of the MOVSM, the service member's voluntary service must:

* be to the civilian community
* be significant in nature and produce tangible results
* reflect favorably on the Military Service and the Department of Defense
* be of a sustained and direct nature

	b.  While there is no specific time period to qualify for the MOVSM (for example, 500 hours of community service within 24 calendar months), approval authorities will ensure the service to be honored merits the special recognition afforded by this medal.  The MOVSM is intended to recognize exceptional community support over time and not a single act or achievement.  Further, it is intended to honor direct support of community activities.  For the purpose of this award, attending membership meetings or social events of a community service group is not considered qualifying service, while manning a community crisis action telephone line is considered qualifying service.

	c.  Approval authority for award of the MOVSM will be commanders (overseas and continental United States) serving in the rank of lieutenant colonel or higher.  Before the recommendation is forwarded to the award approval authority, the recommender must certify that the service member meets the eligibility criteria for award of the MOVSM.  Substantiating documentation, such as record of hours contributed, letters or certificates from activity supervisors, or other proof of the service member's volunteer services may be attached as enclosures to the recommendation.

	d.  The rules for processing award of the MOVSM include:

* recommendations will be submitted through official military channels using the DA Form 638 (Recommendation for Award)
* the Soldier's commander will certify that the eligibility requirements have been met and that the service was honorable throughout the award period
* the service member must be performing services on a voluntary basis, not detailed or tasked
* services performed may not be part of any military mission and may not result in any personal gain for the service member

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show award of the MOVSM for his volunteer service in the ROK.

2.  The certificates of appreciation from the education officials in the ROK clearly indicate the applicant's volunteer service was of a sustained nature (a 12-week school term) that had a direct and consequential result that reflected most favorably upon the U.S. Army and the Department of Defense.

3.  The evidence indicates the applicant departed the ROK prior to receipt of the Certificate of Appreciation from the Superintendent, Dongducheon Office of Education for the Gyeonggi Province.  The lateness of this certificate may have had a detrimental effect on any recommendation the applicant's commander may have made in regard to award of the MOVSM.

4.  Notwithstanding that there is no evidence of record showing the applicant's commander recommended him for award of the MOVSM, it is reasonable to believe that his departure from the ROK and subsequent service in Iraq hindered the award process.

5.  Accordingly, and as a matter of equity, it is appropriate to now award the MOVSM to the applicant for his volunteer service that undoubtedly made a most favorable impression on the students and education officials in the ROK.

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:

	a.  showing he was properly recommended for the MOVSM and the recommendation was approved and

	b.  correcting his DD Form 214 to add the MOVSM.



      _________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)                                         AR20100027376



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ABCMR Record of Proceedings (cont)                                         AR20100027376



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