IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110018286 


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 award of the Korea Defense Service Medal (KDSM), Army Reserve Components Overseas Training Ribbon (ARCOTR), and the Armed Forces Reserve Medal (AFRM).

2.  The applicant states:

* the KDSM is a retroactive award that was unavailable when he was in the Army; however, he was assigned to Korea and he is entitled to this award
* the ARCOTR is a retroactive award that was unavailable when he was in the Army, however he spent 12 days training in Canada and he is entitled to this award
* he served in the U.S. Army Reserve (USAR) from 10 March 1977 to 
29 December 1982 and from 1 February 1986 to 9 September 1994, over 10 years; therefore, he is entitled to this award

3.  The applicant provides:

* Pages 1 and 3 of a DD Form 4 (Enlistment or Reenlistment Agreement -Armed Forces of the United States), dated 11 March 1977
* Orders 284-22, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 11 October 1977
* Orders 76-61, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, dated 19 April 1978


* Canadian Forces Certificate of Military Achievement for completing the Canadian Airborne Regiment Battle School from 28 April - 9 May 1980
* Orders 195-4-A-351, issued by Headquarters, U.S. Army Fourth ROTC Region, Fort Lewis, WA, dated 7 December 1982
* Orders 66-1, issued by Headquarters, Fort Huachuca, AZ, dated 5 April 1983
* Orders 167-231, issued by Headquarters, 8th Personnel Command (Korea), dated 16 June 1983
* A Memorandum of Appointment as a Reserve Commissioned Officer of the Army, dated 31 January 1986
* DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 January 1986
* Orders C-05-020239, issued by the U.S. Army Reserve Personnel Command, St. Louis, MO, dated 21 May 1986
* Orders C-09-332348, issued by the same headquarters, dated
2 September 1993
* Honorable Discharge Certificate, dated 9 September 1994

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 USAR on 11 March 1977 and he was later appointed as a USAR commissioned officer.  He held the area of concentration (AOC) of 35A (Military Intelligence Officer).  He held a variety of stateside and overseas assignments, including an assignment to Korea from 8 July 1983 to on or about July 1984.  The highest rank/grade he attained was captain (CPT)/O-3.

3.  His records contain a Canadian Forces Certificate of Military Achievement showing he successfully completed the Canadian Airborne Regiment Battle School from 28 April 1980 to 9 May 1980.

4.  His records do not contain annual training (AT) or active duty for training (ADT) orders for the period of 28 April 1980 to 9 May 1980.  Additionally, none of the orders in his record directed him to attend training in Canada.

5.  He provided Orders 195-4-A-351 that assigned him to Korea and directed him to report for duty on 8 July 1983, after attending service school at Fort Huachuca.

6.  He provided Orders 66-1 that further assigned him to the Military Personnel Center in Korea.

7.  He provided Orders 167-231 that further assigned him to the U.S. Army Combat Support Team 3, Korea, with a reporting date of 13 June 1983.

8.  His record contains an Officer Record Brief (ORB) that shows he was assigned to the U.S. Army Combat Support Team 3, Korea, from June 1983 to July 1984.

9.  His record contains a DD Form 214 that shows he was honorably discharged from active duty on 31 January 1986 after completing 3 years, 1 month, and
1 day of net active service, 1 year of which was credited as foreign service.  This form also shows he received the Canadian Parachutist Badge.

10.  His record contains Orders D-09-47483 that show he was honorably discharged from the USAR on 9 September 1994.

11.  The Human Resources Command – Integrated Web Services (IWS) contains the applicant's Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) for the period 11 March 1977 through 31 January 1996.  This form shows he earned the following retirement points:

Beginning
Date
YYYYMMDD
Ending
Date
YYYYMMDD
Military
Personnel
Classification
Status
or
Component
Qualifying for
Retirement
YRS MOS DAYS
Total
Points
Creditable
19950201
19960131
COM
USAR
00  00  00
0015
19940201
19950131
COM
USAR
00  00  00
0015
19930201
19940131
COM
USAR
00  00  00
0015
19920201
19930131
COM
USAR
00  00  00
0015
19910201
19920131
COM
USAR
00  00  00
0037
19900201
19910131
COM
USAR
01  00  00
0080
19890201
19900131
COM
USAR
01  00  00
0076

Beginning
Date
YYYYMMDD
Ending
Date
YYYYMMDD
Military
Personnel
Classification
Status
or
Component
Qualifying
for
Retirement
YRS MOS DAYS
Total
Points
Creditable
19880201
19890131
COM
USAR
01  00 00
0074
19870201
19880131
COM
USAR
01  00 00
0065
19860201
19870131
COM
USAR
01  00 00
0070
19851230
19860131
COM
RA
00  01 02
0033
19841230
19851229
COM
RA
01  00 00
0365
19831230
19841229
COM
RA
01  00 00
0366
19821230
19831229
COM
RA
01  00 00
0365
19810203
19821229
COM
Break
00  00 00
0000
19800311
19810202
ENL
USAR
00  10 23
0071
19790311
19800310
ENL
USAR
01  00 00
0077
19780311
19790310
ENL
USAR
01  00 00
0125
19770311
19780310
ENL
USAR
01  00 00
0301
12.  Based on the above ARPC Form 249-E, the applicant:

* Had 4 qualifying years for retirement between 11 March 1977 and
2 February 1981
* Had a break in service from 3 February 1981 through 29 December 1982 for a period of 1 year, 10 months, and 27 days
* Had 3 years, 1 month, and 2 days of Regular Army service between
30 December 1982 and 31 January 1986
* Had 5 qualifying years for retirement between 1 February 1986 and
31 January 1991
* Had 0 qualifying years for retirement between 1 February 1991 and
31 January 1996

13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  the ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of Annual Training (AT) or Active Duty for Training (ADT) for a period of not less than 10 consecutive duty days on foreign soil.  The ARCOTR may be awarded retroactively to those personnel who 


successfully completed AT or ADT on foreign soil in a Reserve status prior to
11 July 1984 provided they had an active status on or after 11 July 1984.

	c.  the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Any period during which Reserve service is interrupted by one or more of the following will be excluded in computing, but will not be considered as a break in the period of 12 years:

* Service in a regular component of the Armed Forces
* Tenure in elected state office
* Tenure as a member of a legislative body of the United States or a state
* Service as a judge of a court of record of the United States, a state or territory or the District of Columbia

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea during a qualifying period of service for the KDSM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  His ARPC Form 249-E shows he had a break in service between 3 February 1981 and 29 December 1982.  Therefore, his beginning period for calculating the AFRM began on 30 December 1982.  His
12 consecutive years ending period for the AFRM was 31 January 1994.  During this period he only completed 5 qualifying years of USAR service for the AFRM.  Therefore, there is no basis for granting this portion of his request.

3.  His records do not contain AT or ADT orders for the period 28 April 1980 to
9 May 1980, or any orders in his record directing him to attend training in Canada.

4.  By regulation the ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of AT or ADT for a period of not less than 10 consecutive duty days on foreign soil.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.


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 31 January 1986 the Korea Defense Service Medal.

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 award of the Armed Forces Reserve Medal and the Army Reserve Components Overseas Training Ribbon.



      ____________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)                                         AR20110018286



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ABCMR Record of Proceedings (cont)                                         AR20110018286



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