BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110008608 


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, in effect, correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal, the Korea Defense Service Medal, and United Nations Medal.

2. The applicant states he served 6 months on the Demilitarized Zone (DMZ) in the Republic of Korea (ROK) and he was awarded, or should have been awarded, the above decorations for his service.

3.  The applicant provides copies of two DA Forms 638 (Recommendations for Award), an Army Commendation Medal certificate, and a Korea Defense Service Medal information sheet.

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 for a period of 4 years on 21 April 1993.  He was awarded military occupational specialty 96R (Ground Surveillance Systems Operator).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) he served in Panama from 12 December 1995 through 14 February 1996 and Korea from February 1996 through 21 March 1997; and

	b.  item 9 (Awards and Decorations):  Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Expert Marksmanship Qualification Badge with Hand Grenade Bar, National Defense Service Medal, Parachutist Badge, Army Service Ribbon, Army Achievement Medal (4th Award), Driver and Mechanic Badge, Army Good Conduct Medal (1st Award), Humanitarian Service Medal, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, and Army Commendation Medal.

4.  A DA Form 4980-14 (Army Commendation Medal Certificate) shows the applicant was awarded the Army Commendation Medal for meritorious service from 10 October 1993 to 28 December 1995 by Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders Number 34-1, dated 22 February 1996.

5.  A DA Form 4980-14 shows the applicant was awarded the Army Commendation Medal [2nd Award] for meritorious service from 1 February 1996 to 20 March 1997 by [a brigade-level, 2nd Infantry Division unit's] Permanent Orders Number 30-1, dated 20 March 1997.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 21 March 1997 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 3 years, 11 months, and 1 day of total active service.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), as amended by a DD Form 215 (Correction to DD Form 214), dated 8 September 2011, shows the Army Commendation Medal (1st Oak Leaf Cluster) [2nd Award], Army Achievement Medal (3rd Oak Leaf Cluster), Good Conduct Medal (1st Award), National Defense Service Medal, Korea Defense Service Medal, Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Hand Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Parachutist Badge, and Driver and Mechanic Badge.

7.  A review of the applicant's military records failed to reveal he was authorized or awarded the United Nations Medal or United Nations Service Medal.

8.  In support of his application, the applicant provides the following documents:

   a.  The front page of DA Form 638-1, dated 23 November 1995, that shows the applicant was recommended for award of the Army Commendation Medal for meritorious service for the period 10 October 1993 to 28 December 1995.

   b.  The front page of DA Form 638, dated 7 January 1997, and DA Form 4980-14 that show the applicant was awarded the Army Commendation Medal [2nd Award] for meritorious service for the period 1 February 1996 to 20 March 1997 by [a brigade-level, 2nd Infantry Division unit's] Permanent Orders Number 30-1, dated 20 March 1997.

   c.  A Korea Defense Service Medal information sheet that shows the service medal is awarded for service in support of the defense of the ROK from 28 July 1954 to the present.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  An Oak Leaf Cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Army Commendation Medal.

	b.  The Korea Defense Service Medal 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.

	d.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; the United Nations Security Forces, Hollandia; the United Nations Transitional Authority in Cambodia; the United Nations Advance Mission in Cambodia; the United Nations Protection Force in Yugoslavia; the United Nations Mission for the Referendum in Western Sahara; the United Nations Iraq/Kuwait Observation Group; and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members).  The United Nations Medal is awarded by the Secretary-General of the United Nations and categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Army Commendation Medal, the Korea Defense Service Medal, and United Nations Medal.

2.  The applicant's contentions were carefully considered.

   a.  Permanent orders awarded the applicant the Army Commendation Medal on two separate occasions.

   b.  The applicant served a qualifying period in the ROK for award of the Korea Defense Service Medal.

   c.  A DD Form 215 corrected his DD Form 214 to show two awards of the Army Commendation Medal (i.e., Army Commendation Medal with 1st Oak Leaf Cluster) and the Korea Defense Service Medal.

   d.  Thus, no action is necessary to correct the applicant's records in this instance.  A copy of the DD Form 215 will be provided to him.

3.  There is no evidence the applicant served a qualifying period of service in the ROK for award of the United Nations Service Medal.  In addition, there is no evidence the applicant served a qualifying period in the service of the United Nations in any of the missions authorized for award of the United Nations Medal.
Therefore, the applicant is not entitled to the United Nations Service Medal or the United Nations Medal.

4.  In view of all of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  ___x_____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   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)                                         AR20110008608



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ABCMR Record of Proceedings (cont)                                         AR20110008608



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