BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020397 


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) for the period ending 11 March 1991 to show a second award of the Army Achievement Medal and the Korea Defense Service Medal.  

2.  He states:

* his DD Forms 214 and DD Forms 215 (Correction to DD Form 214) do not reflect his second award of the Army Achievement Medal he earned from his unit in Korea or the Korea Defense Service Medal
* he was told he should have earned the Korea Defense Service Medal since he was stationed in Korea

3.  He provides a certificate for award of the Army Achievement Medal.

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 Regular Army on 21 October 1987.  

3.  Department of the Army, 9th Personnel Service Company, Fort Lewis, WA, Permanent Orders 61-12, dated 30 March 1989, indicate he was awarded the Army Achievement Medal for meritorious service from 10 September 1988 to 4 February 1989.  

4.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* in item 35 (Record of Assignments), he served in Korea from 26 July 1989  through 31 July 1990
* in item 9 (Awards, Decorations, and Campaigns), one award of the Army Achievement Medal and no award of the Korea Defense Service Medal 

5.  He provided a certificate, dated 27 July 1990, which indicates he was awarded the Army Achievement Medal for meritorious service for the period October 1989 to August 1990.  This certificate is unsigned and included typewritten entries at the bottom, including the entry “Orders #201-1100" and a statement which explains a signed certificate would be provided by Commander, 5th Squadron, 17th Cavalry, ATTN:  S-1, APO SF 96251, upon receipt of certificates from the Baltimore, MD printing facility.  

6.  His service record does not include orders for award of the Army Achievement Medal.  

7.  He was honorably released from active duty on 26 August 1990.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  

8.  His DD Form 214 for the period ending 26 August 1990 reflects, in part, one award of the Army Achievement Medal.  This discharge document does not show award of the Korea Defense Service Medal.  

9.  He was ordered to active duty on 31 January 1991 in support of Operation Desert Shield/Desert Storm. 

10.  On 11 March 1991, he was honorably released from active duty and he was transferred to the USAR Control Group (Reinforcement) on the following day.  

11.  His DD Form 214 for the period ending 11 March 1991 reflects, in part, one award of the Army Achievement Medal.  This discharge document does not show award of the Korea Defense Service Medal.

12.  He was issued a DD Form 215, dated 9 January 1992, which corrected several items on his DD Form 214 for the period ending 11 March 1991.  The Army Achievement Medal and the Korea Defense Service Medal were not added to this discharge document.  

13.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal 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.

14.  Army Regulation 600-8-22 states the Korea Defense Service Medal 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 Army Achievement Medal for meritorious service for the period October 1989 to August 1990.  This award is recorded on both of his DD Forms 214.  

2.  The applicant contends he earned a second award of the Army Achievement Medal from his unit in Korea and he provided a certificate, dated 27 July 1990 which reflects a typewritten entry, “Orders #201-1100.”  This certificate is accepted as sufficient evidence to correct his DD Form 214 for the period ending 11 March 1991 to show a second award of the Army Achievement Medal.

3.  The evidence of record shows the applicant served in Korea from 1 February 1981 through 11 February 1982.  Based on his service in Korea, he is entitled to award of the Korea Defense Service Medal and correction of his DD Form 214 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 the DD Form 214 for the period ending 11 March 1991 of the individual concerned be corrected by:

   a.  deleting the Army Achievement Medal from item 13; and
   
   b.  amending item 13 to add award of the Army Achievement Medal (2nd Award) and Korea Defense Service 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)                                         AR20110020397





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ABCMR Record of Proceedings (cont)                                         AR20110020397



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