IN THE CASE OF:	  

		BOARD DATE:	    23 February 2012

		DOCKET NUMBER:  AR20110016001 


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 two awards each of the Army Good Conduct Medal (AGCM) and the Army Service Ribbon (ASR), the Expert Marksmanship Qualification Badge with Grenade and Rifle Bars, the Korea Defense Service Medal (KDSM), his completion of a supply and logistics course in Korea in 1981, and his foreign service.

2.  The applicant states his last DD Form 214 does not reflect the above.

3.  The applicant provides:

* his DD Form 214 for the period ending 20 September 1988
* a DD Form 215 (Correction to DD Form 214) for the period ending 
20 September 1988, dated 28 April 1995
* a letter from the National Personnel Records Center (NPRC) indicating his authorized awards

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 requested that the Expert Marksmanship Qualification Badge with Rifle Bar be added to his DD Form 214 for the period ending 20 September 1988.  His DD form 214 for this ending period currently shows he was awarded the "Expert Qualification Badge (M-16)."  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 22 December 1977 for a period of 6 years.  He was ordered to initial active duty for training (IADT) on 3 February 1978 and he completed his training as a general construction equipment operator at Fort Leonard Wood, MO before being released from IADT on 27 May 1978.  He served 3 months and 25 days of total active service this period.  The DD Form 214 he was issued at the time shows he was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

4.  On 20 July 1979, he enlisted in the Regular Army (RA) for a period of 4 years and assignment to Fort Leonard Wood.  He remained at Fort Leonard Wood until he was transferred to Korea on 6 January 1981.  He served in Korea until
6 January 1982 and he was transferred to Fort Hood, TX where he remained until he was honorably REFRAD on 19 July 1983 due to the expiration of his term of service (ETS).  He served 4 years of net active service this period.  The
DD Form 214 he was issued at the time of his REFRAD shows the ASR, Overseas Service Ribbon (OSR), and the Expert Marksmanship Qualification Badge with Rifle and Grenade bars.  He had also served 1 year and 1 day of foreign service.

5.  On 27 August 1987, he again enlisted in the RA for a period of 4 years.  He was transferred to Fort Lewis, WA where he remained until he was honorably discharged on 20 September 1988 under the provisions of Army Regulation
635-200, chapter 9, due to alcohol abuse rehabilitation failure.  He had served
10 months and 24 days of net active service this period.  The DD Form 214 issued at the time of his discharge shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the ASR, OSR, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  On 28 April 1995, a DD Form 215 (Correction to DD Form 214) issued by the U.S. Army Reserve Personnel Center (ARPERCEN) Awards Branch corrected his DD Form 214 for the period ending 20 September 1988 to show an award of the AGCM, presumably for the period 20 July 1979 through 19 July 1982.

7.  A review of the applicant’s official record failed to show evidence of attendance and completion of a supply and logistics course during any periods of his service.  Additionally, the applicant was only awarded one award of the AGCM which was for his first period of service.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that all authorized awards will be entered on the DD Form 214.  However, only foreign service performed during the period covered by the DD Form 214 will be entered on the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.

10.  Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Only one award of the ASR is authorized under any circumstances.  (emphasis added)

11.  Army Regulation 600-8-22 states the KDSM 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.  In accordance with the applicable regulation, the applicant only completed a qualifying period of service for one award of the AGCM.  His DD Form 214 for the period ending 20 September 1988 was appropriately corrected by the


DD Form 215, dated 28 April 1995, that was provided by the applicant.  Accordingly, he is not entitled to an additional award of the AGCM.

2.  The applicant’s DD Form 214 for the period ending 20 September 1988 reflects his award of the ASR.  The applicable regulation prohibits more than one award of the ASR; therefore, the applicant is not entitled to an additional award of the ASR to his DD Form 214.

3.  The applicant has not provided and the available records do not contain evidence to show he completed a supply and logistics course in 1981.  Therefore, in the absence of such evidence there appears to be no basis for adding that course to his DD Form 214 at this time.

4.  Additionally, the applicant did not perform any foreign service during his last period of service; therefore, he is not entitled to have any foreign service added to his DD Forms 214 for the period ending 20 September 1988.  His previously issued DD Form 214 for the period ending 18 July 1983 properly reflects his foreign service during that period of service.

5.  Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, his DD Form 214 for the period ending 20 September 1988 should be corrected to show this qualification badge.

6.  The applicant completed a qualifying period of service for entitlement to the KDSM.  Therefore, his DD Form 214 for the period ending 20 September 1988 should be corrected to show this award.

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 for the period ending 20 September 1988 the:

* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Grenade Bar

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 two awards each of the Army Good Conduct Medal and the Army Service Ribbon, adding foreign service time, and adding completion of a supply and logistics course to his DD Form 214 for the period ending 20 September 1988.



      ___________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)                                         AR20110016001



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ABCMR Record of Proceedings (cont)                                         AR20110016001



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