BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005384
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 (Report of Separation from the Armed Forces of the United States) to show the Army Achievement Medal, Korea Defense Service Medal, and all other Army medals he is entitled to.
2. He states the Army Achievement Medal, the Korea Defense Service Medal, and his Army medals are not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 on 12 May 1986. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 12B (Combat Engineer). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.
3. Item 9 (Awards, Decorations, & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) and Item 13 of his DD Form 214 does not show award of the Army Achievement Medal or the Korea Defense Service Medal.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Good Conduct Medal
* Army Service Ribbon
* Oversea Service Ribbon
* Army Lapel Button
* Parachutist Badge
5. Item 31 (Foreign Service) of his DA Form 2-1 shows he served in the Republic of Korea during the period 21 March 1988 through 10 May 1989.
6. Item 35 (Record of Assignments) of his DA Form 2-1 shows that during his tour of duty in the Republic of Korea he was assigned to Company B,
2nd Engineer Battalion, 2nd Infantry Division.
7. Permanent Orders 40-7, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 8 March 1988, awarded the applicant the Army Achievement Medal for meritorious service during the period 1 September 1987 to 28 February 1988.
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. The applicant's request that his DD Form 214 be corrected to show award of the Army Achievement Medal, the Korea Defense Service Medal, and all medals he is entitled to was carefully considered.
2. Orders show the applicant was awarded the Army Achievement Medal for meritorious service during the period 11 September 1987 to 28 February 1988. Therefore, his DD Form 214 should be corrected to show this award.
3. The applicant served during a qualifying period of service in Korea for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
4. There is no evidence the applicant is entitled to any other additional awards. Therefore, there is no basis for granting this portion of his request.
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 to item 13 of his DD Form 214 the Army Achievement Medal and the Korea Defense Service Medal.
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 any additional awards 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) AR20110005384
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005384
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090012387
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM). The evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for...
ARMY | BCMR | CY2010 | 20100024248
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. Records show the applicant served during a qualifying period for award of the Korea Defense Service Medal. 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...
ARMY | BCMR | CY2007 | 20070004788
The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. The evidence of record also shows that the applicant was awarded the Armed Forces Expeditionary Medal for service in the Republic of Korea in direct support of military operations from 7 November 1971 through 6 December 1972. Therefore, the applicant is entitled to correction of his...
ARMY | BCMR | CY2010 | 20100013301
The applicant requests correction of his records to show award of the Korea Defense Service Medal. The applicant contends that his records should be corrected to show award of the Korea Defense Service Medal because he served in Korea; however, the service medal was authorized after he was discharged from the U.S. Army. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2010 | 20100024260
He specifically inquires about the: * Armed Forces Expeditionary Medal * Expert Infantryman Badge * Army Commendation Medal (2 awards) * Korean Presidential Unit Citation * ASUA [presumed to mean the Army Superior Unit Award] * United Nations Medal * Expert Marksmanship Qualification Badge received in Korea 3. By order of the Korean government, the award was also retroactively authorized to every unit of the United States Army which had deployed to Korea between 1950 and 1954. d. A basic...
ARMY | BCMR | CY2010 | 20100013112
IN THE CASE OF: BOARD DATE: 26 October 2010 DOCKET NUMBER: AR20100013112 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1990 to reflect award of the: * Army Commendation Medal (ARCOM) * Korea Defense Service Medal (KDSM) * two awards of the National Defense Service Medal (NDSM) 2. _______ _X _______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2009 | 20090001033
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 21 March 1988 to show awards of the Army Commendation Medal and the Korea Defense Service Medal. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant was awarded the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 in item 13 to...
ARMY | BCMR | CY2008 | 20080011320
The applicant requests the issuance of a DD Form 215 (Correction to DD Form 214 to correct items 11 (Primary Specialty Number, Title and Years and Months in Specialty), 12f (Foreign Service), 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), 14 (Military Education), and 29 (Dates of Time Lost During This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). There is no evidence of record which shows the applicant had any...
ARMY | BCMR | CY2007 | 20070018552
The applicant requests that his records be corrected by adding the awards of the Korea Defense Service Medal (KDSM), Global War on Terrorism Service Medal (GWOTSM), and the Armed Forces Expeditionary Medal (AFEM). The applicant states his service in the military clearly indicates that the awards of the KDSM, GWOTSM, and AFEM should have been awarded to him. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United...
ARMY | BCMR | CY2011 | 20110020754
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 March 2005 to show the following awards: * Combat Action Badge (CAB) * Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) * Korea Defense Service Medal (KDSM) in lieu of the Overseas Service Ribbon * two Army Superior Unit Awards (ASUA) 2. The applicant contends his DD Form 214 for the period ending 8 March 2005 should...