BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023188 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date 
of 13 September 1985:

* change the time spent in his military occupational specialty (MOS)
* show he was awarded the Army Achievement Medal (2nd Oak Leaf Cluster)
* add the Korea Defense Service Medal

2.  The applicant states he extended his enlistment for 2 months and the additional months in MOS are not reflected on his DD Form 214.  He was awarded three Army Achievement Medals so his DD Form 214 should reflect the Army Achievement Medal (2nd Oak Leaf Cluster).  He served two tours of duty in Korea.  The Korea Defense Service Medal was approved many years after he left the service.

3.  The applicant provides:

* orders awarding him MOS 75D (Personnel Records Specialist)
* three sets of orders and certificates awarding him the Army Achievement Medal
* his DD Form 214
* a letter, dated 27 October 2011, from the National Personnel Records Center, St. Louis, MO to his Congressional representative

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.  He enlisted in the Regular Army on 14 July 1981 for a period of 4 years.  

3.  He provided Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC Order 204-192, dated 15 October 1981, that awarded him 
MOS 75D.

4.  He served two tours of duty in Korea from 6 November 1981 to 5 November 1982 and from 18 April 1984 to 17 April 1985.

5.  On 14 January 1985, he voluntarily extended his enlistment for a period of 
2 months. 

6.  He provided the following orders from Headquarters, 2nd Infantry Division:

* Permanent Orders 270-12, dated 2 December 1983, awarding him the Army Achievement Medal for the period from 6 November 1981 to 
5 November 1982
* Permanent Orders 175-69, dated 24 June 1985, awarding him the Army Achievement Medal for the period from 12 March to 31 March 1985

7.  He provided U.S. Army Aberdeen Proving Ground Installation Support Activity, Aberdeen Proving Ground, MD Permanent Orders 62-1, dated 
23 November 1985, awarding him the Army Achievement Medal (Second Oak Leaf Cluster) for the period from 6 May to 13 September 1985.

8.  On 13 September 1985, he was released from active duty.  He completed 
4 years and 2 months active service that was characterized as honorable.  His DD Form 214 shows he served in MOS 75D for 3 years and 9 months.  It also shows he was awarded the Army Achievement Medal.
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korea Defense Service Medal was authorized by the National Defense Authorization Act , 2003 and 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.  An Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards.

10.  Army Regulation 635-5 (Separation Documents), then in effect, stated the MOS codes, titles, years, and months were entered in item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of the DD Form DD Form 214.
The current regulation stipulates that for time determination 16 days or more count as a month.  Time spent in basic training and advanced individual training are not counted.  

DISCUSSION AND CONCLUSIONS:

1.  He served in MOS 75D from 22 October 1981 to 13 September 1985.

1985 09  13
Date separated
1981 10  22
Date MOS awarded
      3 10  21

+             1
Inclusive date
      3 10  22
Years, months, days
Based on the above computation, he served 3 years, 10 months, and 22 days in MOS 75D.  The 22 days counts as 1 month.  Therefore, item 11 of his 
DD Form 214 should show he served 3 years and 11 months in MOS 75D.

2.  Orders he provided show he was awarded three Army Achievement Medals.  Therefore, his DD Form 214 should show he was awarded the Army Achievement Medal (2nd Oak Leaf Cluster).

3.  He completed two tours of duty in Korea.  The Korea Defense Service Medal was authorized 18 years after he was separated from the Army.  Therefore, it would be appropriate to add the Korea Defense Service Medal to his 
DD Form 214.


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 amending his DD Form 214 as follows:

	a.  Item 11 - show he served 3 years and 11 months in MOS 75D; and

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

(1)  Delete:  Army Achievement Medal.

		(2)  Add:  Army Achievement Medal (2nd Oak Leaf Cluster) 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)                                         AR20110023188



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ABCMR Record of Proceedings (cont)                                         AR20110023188



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