BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120006363
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. The applicant states he was awarded the AAM after his discharge.
3. The applicant provides 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. The applicant enlisted in the Regular Army on 9 February 1989 and was awarded military occupational specialty 88M (Motor Transport Operator) upon completion of initial entry training.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 1 July 1989 to 28 July 1990.
4. An AAM Certificate shows he was awarded the AAM for meritorious service during the period 28 July 1990 to 5 December 1993 by Permanent Orders Number 8-3, issued by Commander, 6th Transportation Battalion, Fort Eustis, Virginia.
5. He was honorably released from active duty on 5 December 1993. The AAM is not shown on his DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) 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. Evidence shows he was awarded the AAM for meritorious service during the period 28 July 1990 to 5 December 1993 but the award is not listed on his DD Form 214. Therefore, his DD Form 214 should be corrected to show the AAM.
2. Evidence also shows he served in Korea from 1 July 1989 to 28 July 1990. Therefore, he is authorized the KDSM 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 all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Army Achievement Medal and the 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.
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