IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110014622 


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 Medal
* the Army Good Conduct Medal

2.  The applicant states the awards were omitted due to what appears to be a clerical error. 

3.  The applicant provides three DA Forms 638 (Recommendation for Award), Permanent Orders 216-020, and 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 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 records show he enlisted in the Regular Army for 3 years on 10 February 1998 and he held military occupational specialty (MOS) 92G (Food Service Specialist).  He served through a 4-month extension and a 3-year reenlistment.  He attained the rank of specialist/E-4. 

3.  Subsequent to MOS training, he was assigned to the 5th Engineer Battalion, Fort Leonard Wood, MO.  

4.  Permanent Orders Number 232-01, issued by Headquarters, 5th Engineer Battalion, Fort Leonard Wood, MO, awarded him the Army Achievement Medal for meritorious service from 10 July 1998 to 25 September 1999.

5.  He served in Korea from 20 October 1999 to 19 October 2000.  He was assigned to the 1st Battalion, 506th Infantry.

6.  He submitted a DA Form 638, dated 21 December 1999, that shows he was awarded the Army Achievement Medal for meritorious service while attached to the 503rd Infantry Dining Facility from 6 to 11 December 1999.  The DA Form 638 is approved by the appropriate award approval authority and is assigned Permanent Orders Number 046-19, issued by Headquarters, 1st Battalion, 506th Infantry.  However, the signature and date blocks of the official that assigned the permanent order are blank.

7.  He submitted a second DA Form 638, undated, that shows he was awarded the Army Achievement Medal for meritorious achievement on 25 November 1999.  The DA Form 638 is approved by the appropriate award approval authority and is assigned Permanent Orders Number 355-02, issued by Headquarters, 1st Battalion, 506th Infantry.  However:

* his first name appears to be hand-written while his last name is typed
* the signature and the date blocks of the official that assigned the permanent order are also blank

8.  He submitted a third DA Form 638, undated, that shows he was awarded the Army Achievement Medal for meritorious achievement from 20 to 29 January 2000.  The DA Form 638 is approved by the appropriate award approval authority and is assigned Permanent Orders Number 013-01, issued by Headquarters, 1st Battalion, 506th Infantry.  However:

* item 12 (Reason for Award) appears to be tampered with
* the signature and the date blocks of the official that assigned the permanent order are also blank

9.  Upon completion of his Korea tour, he was reassigned to Fort Hood, TX.  He was assigned to the 303rd Military Intelligence Battalion.

10.  On 4 August 2001, Detachment B, 546th Personnel Service Battalion, Fort Hood, TX, published Permanent Order 216-020 awarding him the Army Good Conduct Medal (1st Award) for service during the period 10 February 1998 through 9 February 2001.

11.  He was discharged from active duty on 2 May 2003 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) with an under honorable conditions (general) character of service.  His DD Form 214 shows in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

12.  Army Regulation 600-8-22 (Military Awards) provides for awards of the:

	a.  Army Achievement Medal to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Korea Defense Service Medal 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.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet the following criteria

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Achievement Medal for meritorious service from 10 July 1998 to 25 September 1999 which is not shown on his 
DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  


2.  Permanent orders awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

3.  The applicant served in Korea from 20 October 1999 to 19 October 2000.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

4.  He provides three DA Forms 638 which show he was awarded three additional awards of the Army Achievement Medal.  Regretfully, without additional evidence, these forms are insufficient to support his request because 
they are not signed by the official who issued the permanent orders.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Good Conduct Medal (1st Award)
* Army Achievement Medal
* Korea Defense Service Medal

2.  The Board further determined 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 three awards of the Army Achievement 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)                                         AR20110014622



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ABCMR Record of Proceedings (cont)                                         AR20110014622



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