IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110019385
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 the Army Achievement Medal (AAM).
2. He states the original award and orders were forwarded to him, but were never entered in his records despite his request at the time.
3. He provides orders and an AAM Certificate.
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. On 29 January 1985, following periods of service in the Army National Guard (ARNG) and U.S. Army Reserve Delayed Enlistment Program, the applicant enlisted in the Regular Army for a period of 3 years.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 13 February 1985 through 14 February 1986. During his service in Korea, he was assigned to a subordinate unit of the 2d Infantry Division.
4. On 28 January 1988, he was honorably released from active duty and transferred to an ARNG unit. His DD Form 214 shows he was awarded the Army Service Ribbon and the Overseas Service Ribbon.
5. His record is void of documentation showing he was awarded the AAM.
6. He provides Permanent Orders 41-1, issued by Headquarters, 2d Infantry Division, dated 10 February 1986, showing he was awarded the AAM for meritorious service during the period 4 October 1985 to 4 January 1986.
7. The AAM Certificate he provides shows he received the AAM for service while assigned as a postal operations augmentee during the 1985 Christmas mailing period.
8. Review if his records indicates entitlement to additional awards not shown on his DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal (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. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
10. His record is void of documentation showing lapses in his conduct, efficiency, and fidelity or that disqualification for award of the AGCM was justified.
11. Army Regulation 600-8-22 states the Korea Defense Service Medal (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. The evidence of record shows the applicant was awarded the AAM for meritorious service during his tour of duty in Korea. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. His record is void of any evidence to justify disqualification for award of the AGCM. Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 29 January 1985 to 28 January 1988 and to correct his DD Form 214 to show this decoration.
3. His service in Korea meets the requirements for award of the KDSM. Therefore, he is entitled to correction of his DD Form 214 for the period ending 28 January 1988 to show this award.
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:
a. awarding him the AGCM (1st Award) for the period 29 January 1985 to 28 January 1988 and
b. adding the AAM, AGCM (1st Award), and KDSM to his 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) AR20110019385
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ABCMR Record of Proceedings (cont) AR20110019385
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