IN THE CASE OF:	  

		BOARD DATE:  17 January 2012

		DOCKET NUMBER:  AR20110013371 


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 Army Commendation Medal (ARCOM) (2nd Award).

2.  The applicant states:

   a.  all of his awards were not listed on his DD Form 214; and
   
   b.  his commander was going to initiate a request for the Meritorious Service Medal after Desert Storm.
   
3.  The applicant provides:

* DA Form 638 (Recommendation for Award) (digital)
* DA Form 638-1 (Recommendation for Award (for Other than Valor))

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 record shows he enlisted in the Regular Army on 19 January 1982.  He was trained in and awarded military occupational specialty 77F (Petroleum Supply Specialist).

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in the following foreign locations during the periods indicated:

* Republic of Korea (ROK)		(30 December 1985 - 29 December 1986)
* Germany							(14 December 1988 - 17 September 1991)
* Saudi Arabia						(17 December 1990 - 28 April 1991)

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 includes the ARCOM (2nd Award) and Army Good Conduct Medal (AGCM) (3rd Award), among its list of awards.

5.  His official military personnel file (OMPF) contains a DA Form 638 which shows a recommendation for award of the Bronze Star Medal, dated 2 April 1991.  This recommendation was downgraded and the ARCOM was approved and announced in Division Support Command Orders Number 39-55, dated 
22 April 1991.

6.  An undated DA Form 638-1 shows the applicant's commander recommended him for the MSM for meritorious service during the period 17 December 1988 to 21 September 1991, which included his service during Operation Desert Shield/Storm.  This recommendation was downgraded and the ARCOM was approved and, announced in 1st Armored Division Orders Number 5-5, dated 
22 October 1991.  His OMPF includes the corresponding ARCOM certificate.

7.  His OMPF includes Headquarters, 573rd Personnel Service Company Orders Number 000158-008, dated 27 December 1991, announcing award of the AGCM (3rd Award).

8.  On 3 September 1992, the applicant was honorably discharged after completing 10 years, 7 months, and 15 days of active military service in the rank of sergeant.  



9.  The DD Form 214 he was issued on 3 September 1992 shows he was awarded:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Overseas Service Ribbon (2nd Award)
* Parachutist Badge
* AGCM
* Army Achievement Medal with 3rd Oak Leaf Cluster

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

   a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the KDSM.  It states, in pertinent part that it is authorized 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 from 28 July 1954 to a date to be determined.
   
   b.  Paragraph 3-15 contains the regulatory guidance pertaining to awarding the MSM.  It states it is awarded to any member of the Armed Forces of the United States or to any member of the Armed Forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal is authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.
   
   c.  Paragraph 3-17 contains guidance on award of the ARCOM.  It states that the ARCOM is awarded to any member of the Armed Forces of the United States who while serving in any capacity with the Army after 6 December 1941 distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he earned two ARCOM awards and was recommended for the MSM subsequent to his service in Operation Desert Storm.

2.  The evidence of record contains a DA Form 638 and DA Form 638-1 which shows the applicant was recommended for the BSM and MSM on two separate occasions.  Both of these recommendations were downgraded to the ARCOM   and announced in official orders.  However, these awards are not documented on his DD Form 214 and should be added at this time.

3.  The evidence of record also confirms the applicant served in the ROK from 30 December 1985 - 29 December 1986.  Therefore, based on this qualifying service it would be appropriate to add the KDSM to his DD Form 214 at this time.

4.  The evidence of record confirms the applicant was recommended for the MSM subsequent to his service in support of Operation Desert Shield/Storm, as he claims.  However, as previously mentioned, this recommendation was downgraded to an ARCOM.  Accordingly, he is not authorized the MSM and it should not be added 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:

   a.  amending item 13 of his DD Form 214 by:

* deleting the Army Good Conduct Medal
* adding the Army Commendation Medal (2nd Award), Army Good Conduct Medal (3rd Award), and Korea Defense Service Medal 
   
   b.  providing him a document to show the above corrections.



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 the Meritorious Service Medal.  




      _______ _  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)                                         AR20110013371



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ABCMR Record of Proceedings (cont)                                         AR20110013371



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