IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110013531
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 three awards of the Army Achievement Medals (AAM) and the Korea Defense Service Medal (KDSM).
2. The applicant states he received 3 AAMs while on active duty. He earned his first award while he was stationed in Fort Lewis, WA, and the other two while he was stationed in Korea. He also states he is eligible for the KDSM because he was stationed in Korea from January 2000 through February 2001.
3. The applicant provides:
* 2 AAM certificates
* 3 DA Forms 638 (Recommendation for Award) approving the AAM
* DD Form 214
* Letter from the National Personnel Records Center
* National Guard Bureau (NGB) Form 22E (NGB Report of Separation and Record of Service)
* Personnel Qualification Record
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 9 February 1998. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman). The highest rank/grade he attained while serving on active duty was specialist/E-4.
3. Permanent Order Number 278-01, issued by Headquarters, 1st Battalion, 23rd Infantry, Fort Lewis, WA, awarded him the AAM for service from 22 June 1998 through 20 January 2000.
4. Permanent Order Number 175-03, issued by Headquarters, 1st Battalion,
9th Infantry, Korea, awarded him the AAM for achievement from 17 to 25 May 2000.
5. Permanent Order Number 005-04, issued by Headquarters, 1st Battalion,
9th Infantry, Korea, awarded him the AAM for service from 25 January 2000 to 18 January 2001.
6. He was honorably released from active duty on 8 February 2001. His
DD Form 214 shows in:
* item 8b (Station Where Separated): Camp Casey Transition Center
* item 12f (Foreign Service): 1 year and 20 days
* item 13 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized):
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
7. 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 from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant three awards of the AAM which are not shown on his DD Form 214; therefore, he is entitled to correction of his
DD Form 214 to show these awards.
2. The evidence of record shows he served in Korea from 25 January 2000 to 8 February 2001 as confirmed by the awards in his record and his DD Form 214. He served a qualifying period for award of the Korea Defense Service Medal and should be entitled to correction of his DD Form 214 to show it.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding to item 13 of his DD Form 214 the:
* Army Achievement Medal (3d Award)
* Korea Defense 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) AR20110013531
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013531
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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