IN THE CASE OF:	  

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110023737 


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 records to show the following awards: 

* Korea Defense Service Medal (KDSM)
* Army Reserve Components Achievement Medal (ARCAM)
* Soldier's Medal

2.  He states the Soldier's Medal was earned after evacuating the barracks in the middle of the night due to a fire.  He maintains he was deployed to Korea in support of Team Spirit from January to June 1985 while assigned in Hawaii.

3.  He does not provide any additional documents. 

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.  After having prior service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army (RA) on 1 March 1983.  He was honorably released from active duty on 28 February 1986 and credited with completing 3 years of active service.  His record further shows he served in the following components of the military during the following periods:

* 17 May 1986, enlisted in the California Army National Guard (CAARNG) and honorably discharged on 16 May 1987
* 3 January 1988, enlisted in the CAARNG and honorably discharged on 
29 November 1990
* 30 November 1990, enlisted in the RA and honorably discharged on 
26 September 1994
* 13 February 1995, enlisted in the CAARNG
* 3 January to 17 June 1996, ordered to active duty 
* 31 March 2003, honorably discharged from CAARNG, medically unfit 

3.  His 4 September 1980 DD Form 214 shows the following:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Hand Grenade Bar

4.  His 28 February 1986 DD Form 214 shows the following:

* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Air Assault Badge
* Marksman Marksmanship Qualification Badge with Hand Grenade and Rifle Bars (M-16)

5.  His 26 September 1994 DD Form 214 shows the following:

* Army Service Ribbon
* National Defense Service Medal
* Army Label Button
* Army Good Conduct Medal (2nd Award)
* Army Achievement Medal (1st Oak Leaf Cluster)
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon (2nd Award)
* Air Assault Badge
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar

6.  His 17 June 1996 DD Form 214 shows the Army Reserve Component Overseas Training Ribbon.  The statement "Information not available for previous awards" is also contained in the awards section.

7.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) of his 31 March 2003 NGB Form 22E (Report of Separation and Record of Service) shows the Army Reserve Component Overseas Training Ribbon.

8.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* Item 5 (Overseas Service) 

* 1 February 1991 to 31 January 1994, Germany
* October 1983 to January 1986, Hawaii  

* Item 9 (Awards, Decorations and Campaigns), Army Good Conduct Medal (2nd Award) 29 November 1993

9.  There is no entry on his DA Form 2-1 indicating that he served in or was on temporary duty in Korea.  Additionally, his record is void of any orders, documentation, or recommendations for the KDSM, ARCAM, or the Soldier's Medal. 

10.  A review of his military pay records maintained by the Defense Finance and Accounting Service (DFAS) revealed that the applicant's service in Korea could not be verified.  The DFAS RA records start in 1992 and ARNG records in 2000.

11.  His ARNG Retirement Points History Statement shows during the following retirement years he was credited as follows:

* 13 February 1996 to 12 February 1997, 1 qualifying year
* 13 February 1997 to 12 February 1998, 1 qualifying year
* 13 February 1998 to 12 February 1999, 1 qualifying year
* 13 February 1999 to 12 February 2000, 1 qualifying year
* 13 February 2000 to 12 February 2001, 1 qualifying year
* 13 February 2001 to 12 February 2002, 1 qualifying year
* 13 February 2002 to 12 February 2003, 0 qualifying year

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 ARCAM is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his /her retirement year.  Effective 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in permanent orders.  

   c.  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Awards of the Soldier's Medal will not be made solely on the basis of having saved a life.  
   
	d.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 
11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

13.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.


14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The unit must be clearly identified, along with the period of 
assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant did not provide any evidence to confirm that he served in Korea.  Therefore, in the absence of documentation to support his service in Korea, there is insufficient evidence to award him the KDSM.

2.  The evidence of record shows he enlisted in the CAARNG on 13 February 1995 and was ordered to active duty from 3 January to 17 June 1996.  Further, the evidence of record shows he was discharged on 31 March 2003 and credited with 6 years of qualifying service from 13 February 1996 through 12 February 2002.  Therefore, he is entitled to the ARCAM starting the day after his active service from 18 June 1996 to 17 June 1999 and correction of his record to show this award.

3.  His military personnel records do not contain orders awarding him the Soldier's Medal.  There is no evidence of record that shows he was recommended for or awarded the Soldier's Medal by higher authority.  Therefore, there is insufficient evidence to award him the Soldier's Medal.

4.  While the available evidence is insufficient for awarding the applicant the Soldier's Medal this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  Records show he served honorably during two qualifying periods for the NDSM:  30 November 1990 to 26 September 1994 and 13 November 1995 to 
31 March 2003.  Therefore, his records should be corrected to show the NDSM with one bronze service star.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the Army Reserve Components Achievement Medal (1st Award) for the period 18 June 1996 to 17 June 1999; and
   
   b.  adding to item 15 of his 31 March 2003 NGB Form 22E the National Defense Service Medal with one bronze service star and the Army Reserve Components Achievement 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 the Korea Defense Service Medal and the Soldier's 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)                                         AR20110023737



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ABCMR Record of Proceedings (cont)                                         AR20110023737



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