BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20110025261


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 he was awarded the Army Good Conduct Medal (AGCM), Korea Defense Service Medal (KDSM), and the Overseas Service Ribbon.

2.  The applicant states his Enlisted Record Brief (ERB) shows he was awarded the AGCM, but it is not listed on his DD Form 214.  He states he was stationed overseas in the Republic of Korea; however, the Overseas Service Ribbon and the KDSM are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, an automated ERB, dated 29 April 2003, and a Department of Defense (DOD) news release regarding the KDSM.

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.  On 4 January 1993, the applicant enlisted and entered active duty in the Regular Air Force.  He completed training and was awarded the military occupational specialty (MOS) 3P052A (Law Enforcement Journeyman, Military Working Dog Handler).  On 3 January 1997, he was honorably released from active duty at the completion of his required period of service.  The DD Form 214 he was issued shows he was awarded the Air Force Good Conduct Medal during this period of active duty.

3.  On 28 July 1997, he enlisted in the Regular Army.  As the result of his prior Air Force training, he was awarded MOS 95B (Military Police), with additional skill identifier (ASI) Z6 (Military Working Dog Handler).  Following his entry on active duty, he was assigned to the U.S. Army Field Artillery Center and School, Fort Sill, OK.

4.  On or about 8 December 1999, he was assigned to Eighth U.S. Army, Republic of Korea, where he served with the 483rd and 901st Military Police Detachments, and the 142nd Military Police Company.

5.  Permanent Orders 100-6, Detachment A, 516th Personnel Services Battalion, Republic of Korea, dated 10 April 2001, awarded him the AGCM (2nd Award, 2nd Clasp).

6.  Permanent Orders 046-2, 8th Military Police Brigade, Republic of Korea, dated 15 February 2002, awarded him the Army Commendation Medal, for meritorious service during the period 8 December 1999 through 27 July 2002.

7.  On or about 28 July 2002, he was assigned to the Fort Myer Military Police Company, Fort Myer, VA.
 
8.  On 27 July 2003, he was honorably discharged at the completion of his required period of service.  The DD Form 214 he was issued shows:

* item 12a (Record of Service – Dated Entered Active Duty This Period) he entered active duty on 28 July 1993 
* item 12b (Record of Service – Separation Date This Period) he was separated from active duty on 27 July 2003 
* item 12c (Record of Service – Net Active Service This Period) he was credited with the completion of 10 years of active service during this period of active duty 
* item 12d (Record of Service – Total Prior Active Service) he was credited with the completion of 4 years of prior active service
* item 12f (Record of Service – Foreign Service) he was credited with the completion of 3 years of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)) does not show he was awarded the AGCM, the KDSM, or the Overseas Service Ribbon
* item 18 (Remarks) shows he served a period of continuous honorable active service from 28 July 1997 through 27 July 2003

9.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the AGCM, the KDSM, and the Overseas Service Ribbon.  

2.  The applicant was previously awarded the Air Force Good Conduct Medal.  Permanent orders awarded him the AGCM (2nd Award, 2nd Clasp), which is not shown on his DD Form 214; however, this order is in error, as it should reflect his first award of the AGCM.  Therefore, he is entitled to correction of his DD Form 214 to show the AGCM (1st Award).  Additionally, Permanent Orders 100-6, dated 10 April 2001, should be amended to show he was awarded the AGCM (1st Award).

3.  The evidence of record shows he served in the Republic of Korea from on or about 8 December 1999 to on or about 27 July 2002; a qualifying period of service for award of the KDSM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  Additionally, his service in the Republic of Korea entitles him to the Overseas Service Ribbon, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His Army DD Form 214 incorrectly shows he entered active duty on 28 July 1993, a period covered by the DD Form 214 he received upon separation from the Regular Air Force.  The evidence of record shows he enlisted in the Regular Army, and entered active duty, on 27 July 1997.  Therefore, it would be appropriate to correct item 12a of his DD Form 214 to show he entered active duty on 28 July 1997.  Additionally, item 12c should be corrected to show he completed 7 years of net active service during this period of enlistment.

5.  He served in the Republic of Korea for 2 years, 7 months, and 20 days; however, his DD Form 214 incorrectly shows he completed 3 years of foreign service.  However, as he does not request this correction it will not be made at this time.

BOARD VOTE:
__X______  __X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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. amending item 12a of his DD Form 214, for the period ending 27 July 2003, to show he entered active duty on 28 July 1997;

  b. amending item 12c of his DD Form 214, for the period ending 27 July 2003, to show he completed 7 years of net active service during this period of enlistment; 

   c. amending item 13 of his DD Form 214, for the period ending 27 July 2003, to add the AGCM (1st Award), the KDSM, and the Overseas Service Ribbon; and

   d. amending Permanent Orders 100-6, Detachment A, 516th Personnel Services Battalion, dated 10 April 2001, to show he was awarded the Army Good Conduct Medal (1st Award) for the period 28 July 1997 through 27 July 2000.





      ___________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)                                         AR20100013301



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ABCMR Record of Proceedings (cont)                                         AR20110025261



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