IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019071 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 October 2006 to show the following awards:

* Meritorious Service Medal (MSM) (2nd Award)
* Army Commendation Medal (ARCOM) (6th Award)
* Army Achievement Medal (AAM) (4th Award)
* Korea Defense Service Medal (KDSM)

2.  She states she was not available to review her DD Form 214 at the time it was prepared.  The losing organization mailed the awards to her residence after her separation; therefore, she did not discover the errors pertaining to her awards prior to her release. 

3.  She provides:

* A copy of her Retired Reserve orders
* Several DA Forms 638 (Recommendation for Award)
* Three DD Forms 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.  Her record shows she enlisted in the Regular Army on 15 March 1977.  After completion of training, she served in military occupational specialty 93H (Air Traffic Control Tower Operator).  

3.  The applicant's record contains a DA Form 2-1 (Personnel Qualification Record – Part II) which shows she served in Korea from 4 March 1983 through 
7 March 1984.  

4.  On 1 April 1984, she was honorably discharged and transferred to the U.S Army Reserve (USAR) Control Group (Reinforcement) after completing 7 years and 17 days of net active service.  Her DD Form 214 for this period shows she was awarded or authorized the following:

* ARCOM
* AAM
* Army Good Conduct Medal (AGCM) (2nd Award)
* Noncommissioned Officer Professional Development Ribbon (NCOPDR)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  Her record contains permanent orders (PO) which show she received the following awards for the periods shown:

* PO 27-1, dated 12 June 1981 – ARCOM (22 September 1978 to 1 July 1981) for service
* PO 44-2, dated 8 March 1983 – AAM (27 July 1981 to 31 January 1983) for service or achievement
* PO 46-4, dated 10 March 1983 – AAM (27 July 1981 to 31 January 1983) for service "duplicate award"
* PO 041-003, dated 10 February 1998 – ARCOM (2nd Award) (10 March to 14 July 1997) for achievement

6.  The applicant enlisted in the USAR on 7 October 1984 and continued to serve as a drilling Reservist.

7.  She provided copies of several DA Forms 638 and award certificates which show she received the following awards for the periods shown:

* PO 10-4, dated 1 August 1994 – AAM (2nd Award) (1 March 1992 to
   31 July 1994) for service
* PO 292-2, dated 5 November 1999 – ARCOM (3rd Award) (14 June to 
   30 September 1999) for achievement
* PO 252-003, dated 9 September 2001 – AAM (3rd Award) (1 February 2000 to 30 June 2001) for achievement

8.  She was ordered to active duty on 31 January 2003, in support of Operation Noble Eagle.  On 24 January 2005, she was released from active duty and transferred to her USAR unit.  Her DD Form 214 for this period shows the following awards:

* Global War on Terrorism Service Medal 
* MSM
* ARCOM (4th Award)
* AAM (2nd Award)
* Meritorious Unit Commendation
* AGCM (2nd Award)
* Army Reserve Components Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Military Outstanding Volunteer Service Medal
* Armed Forces Reserve Medal with Ten-Year Device (2nd Award)
* Armed Forces Reserve Medal with M Device (2nd Award)
* NCOPDR (Numeral 3)
* ASR
* OSR

9.  She provided a copy of PO 273-015, dated 30 September 2005 which shows she was awarded the ARCOM (4th Award) for achievement during the period    24 to 29 April 2005.

10.  She was ordered to active duty during the period 14 January 2005 to
6 October 2006.  Her DD Form 214 for this period lists the same awards as shown on her DD Form 214 for the previous period of active duty service.

11.  The applicant was transferred to the Retired Reserve on 17 April 2007. 
12.  She provided a copy of PO 109-004, dated 19 April 2007 for award of the MSM (2nd Award) for the period ending 30 April 2007.

13.  Her record is void of any additional orders showing she was awarded the AAM 4th award or the ARCOM 5th and 6th awards.  

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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 ARCOM may be 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The AAM is awarded to members 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.

	d.  Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

15.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions state that all awards earned as of the date of separation, as verified from the Soldier’s record, will be entered.  There are no provisions for adding awards earned subsequent to the date the Soldier was released from active duty.  

DISCUSSION AND CONCLUSIONS:

1.  Her record shows she served on active duty in support of the defense of Korea from 4 March 1983 through 7 March 1984.  As a result, she is authorized addition of the KDSM to her DD Form 214 for the period ending 6 October 2006. 
2.  While it is understandable that the applicant wants to add the MSM (2nd Award) she earned for the period ending 30 April 2007 to her DD Form 214 for the period ending 6 October 2006, there are no regulatory provisions which provide for adding awards subsequent to the effective date of a DD Form 214.  As such, she is not entitled to this portion of the requested relief. 

3.  Her record contains two orders and she provided two additional orders showing she was awarded a total of four ARCOMs.  As such, there is insufficient evidence to add the ARCOM (5th Award) and ARCOM (6th Award) to her 
DD Form 214.  

4.  She provided PO awarding her two AAMs.  Her record also contains two separate orders awarding her the AAM for the period of service from 27 July 1981 to 31 January 1983.  These orders appear to award the AAM for the same period of meritorious service.  Regulatory guidance states only one decoration will be awarded to an individual for the same act, achievement or period of meritorious service.  As such, she is only entitled to addition of the AAM (3rd Award) to her 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 amending her DD Form 214 for the period ending 6 October 2006 by:

	a.  deleting the AAM (2nd Award); and 
	
	b.  adding the following awards:

* AAM (3rd Award)
* KDSM

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 addition of the MSM (2nd Award), ARCOM (6th Award) and AAM (4th Award) to her DD Form 214.   




      _______ _   __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)                                         AR20110019071





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019071



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1