IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100028585
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 he be awarded the Korea Defense Service Medal (KDSM) and that his Army Achievement Medal (AAM) with 1 Oak Leaf Cluster (1OLC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the AAM with 1OLC is not reflected on his DD Form 214 and he is entitled to award of the KDSM.
3. The applicant provides a copy of his:
* DD Form 214
* DA Form 638 (Recommendation for Award) and his AAM 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 enlisted in the Regular Army in Houston, Texas on 2 January 1997 for a period of 4 years, training as a multi-channel systems operator, and assignment to Fort Hood, Texas.
3. He completed basic training at Fort Jackson, South Carolina and advanced individual training at Fort Gordon, Georgia before being transferred to Fort Hood.
4. On 2 November 1999 he was transferred to Korea and served with the
122d Signal Battalion until he was honorably released from active duty (REFRAD) on 4 October 2000 to attend school. He had served 3 years,
9 months, and 3 days of total active service. His DD Form 214 shows he was awarded the AAM, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.
5. The DA Form 638 that the applicant provided shows he was recommended for award of the AAM with 1OLC. However, it shows that Permanent Orders Number 222-2 awarded him the AAM on 9 August 2000 for the period 2 November 1999 to 19 August 2000.
6. A review of his official military personnel file (OMPF) failed to reveal any additional awards of the AAM.
7. Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who 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 applicants contention that he is entitled to award of the KDSM has been noted and found to have merit. The applicant served a tour in Korea that qualifies him for the KDSM; therefore, his DD Form 214 should be corrected to show this medal.
2. However, the applicants contention that the AAM with 1OLC should be added to his DD Form 214 appears to lack merit. The applicants records do not reflect more than one award of the AAM.
3. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was actually awarded two awards of the AAM. Therefore, in the absence of orders awarding him an additional AAM, there appears to be no basis for adding the AAM with 1OLC to his
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 his DD Form 214.
2. The Board further determined that 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 adding the AAM with1OLC to his DD Form 214.
____________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) AR20100028585
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ABCMR Record of Proceedings (cont) AR20100028585
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