IN THE CASE OF:  

		BOARD DATE:  29 January 2013

		DOCKET NUMBER:  AR20120012049 


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 27 November 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed
6 months and 13 days of foreign service and also all of his awards and decorations.

2.  The applicant states that item 12 (Record of Service), block (Foreign Service), shows he served 5 months and 28 days overseas; however, he actually served overseas for 6 months and 13 days.

   a.  He states he served near the Demilitarized Zone at the Joint Security Area, Panmunjom, Republic of Korea for six months.  Based on his request for compassionate reassignment, he was reassigned to Fort Huachuca, Arizona.  As a result, he did not receive his awards prior to his departure.

   b.  He states that his six months of overseas service in the Republic of Korea entitles him to the Overseas Service Ribbon, Korean War Ribbon (officially designated as the Republic of Korea War Service Medal), Army Commendation Medal, and Joint Service Commendation Medal or Joint Service Achievement Medal.

   c.  He adds that he should have also been awarded the Army Good Conduct Medal (2nd Award) based on his six years of active Federal service.

3.  The applicant provides a copy of his DD Form 214 in support of his request.


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 (RA) on 15 September 1994 for a period of 2 years and 19 weeks.  He was awarded military occupational specialty 92Y (Unit Supply Specialist).

3.  He reenlisted in the RA on 22 August 1996 and continued to serve on active duty.  He was promoted to specialist four (SPC)/pay grade E-4 on 1 December 1996.

4.  Headquarters, 306th Military Intelligence Battalion, Fort Huachuca, AZ, Orders 340-01, dated 2 January 1997, awarded the applicant the Army Achievement Medal for the period 25 January 1995 to 1 February 1997.

5.  Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, TX, Permanent Orders 148-00207, dated 28 May 1998, awarded the applicant the Army Good Conduct Medal (1st Award) for the period
15 September 1994 to 14 September 1997.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:
   
   a.  item 4 (Assignment Considerations), in part: "Declined extension of enlistment or discharge and reenlistment for overseas service (980813)";

   b.  item 5 (Oversea Service):  no entry (is blank);

   c.  item 9 (Awards, Decorations and Campaigns):

* National Defense Service Medal
* Army Service Ribbon

* Army Good Conduct Medal (1st Award)
* Army Achievement Medal (1st Award)

   d.  item 35 (Record of Assignments), in part:  16 September 1999, Casual, en route to Korea [This is the last line entry for this item.]

7.  The applicant's DD Form 214 shows he entered active duty on 15 September 1994 and he was honorably discharged on 27 November 2000 under the provisions of Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), paragraph 6-3a, based on hardship.  He completed 6 years,
2 months, and 13 days of net active service.  It also shows in:

   a.  item 8 (Last Duty Assignment and Major Command) and item 9 (Station Where Separated):  Headquarters and Headquarters Company, 111th Military Intelligence Brigade, U.S. Army Intelligence Command, Fort Huachuca, AZ  85613-6000;

	b.  item 12, block f:  0 years, 5 months, and 28 days; and

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button

8.  The applicant enlisted in the Army National Guard of the United States on
28 April 2006 for a period of 6 years.

9.  Headquarters, Western Army National Guard Aviation Training Site, Silver Bell Army Helicopter Program, Permanent Orders 312-01, dated 8 November 2006, awarded the applicant the Army Achievement Medal (2nd Award) for the period 30 June through 8 November 2006.

10.  A DD Form 214, as corrected by a DD Form 215 (Correction to
DD Form 215), dated 19 September 2007, shows the applicant was ordered to active duty for special work on 30 June 2006 and he was honorably released from active duty (REFRAD) on 26 November 2006 based on completion of required active service.  It also shows in item 13:

* Army Achievement Medal (2nd Award)
* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)

11.  Headquarters, 158th Combat Service Support Battalion, Tucson, AZ, Permanent Order 214-002, dated 10 August 2007, awarded the applicant the Army Achievement Medal (3rd Award) for the period 15 June through 29 June 2007.

12.  A DD Form 214, as corrected by a DD Form 215, dated 28 September 2012, shows the applicant was ordered to active duty for special work on 28 November 2006 and he was honorably REFRAD on 1 November 2007 based on completion of required active service.  It also shows in item 13:

* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)

13.  A DD Form 214 shows the applicant was ordered to active duty in support of State operations 3 November 2007 and he was honorably REFRAD on
30 August 2012 based on completion of required active service.  It also shows in item 13:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon

14.  A review of the applicant's military personnel records failed to reveal any evidence of the specific dates of his service in the Republic of Korea.  This review also failed to reveal any orders or other evidence that he was awarded or recommended for the Army Commendation Medal, Joint Service Commendation Medal, Joint Service Achievement Medal, Army Good Conduct Medal
(2nd Award), Overseas Service Ribbon, Republic of Korea War Service Medal, or Korea Defense Service Medal.

15.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information during the period
15 September 1997 to 14 September 2000, or a commander's disqualification for the Army Good Conduct Medal (2nd Award).

16.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.

	c.  The Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

	d.  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.  

   e.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	f.  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.

   g.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  
17.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.  It also shows the normal overseas tour length for Korea is 12 months.

18.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

    	(1)  item 12, block f:  enter the total amount of foreign service completed during the period covered in Item 12, block c.  Obtain the foreign service listed in section 1 of the DA Form 4037 (Officer Record Brief) for officers or item 5 of the DA Form 2-1 (Personnel Qualification Record) for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the Military Personnel Records Jacket/Official Military Personnel File; and

		(2)  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations.

19.  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.

20.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  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.  The applicant contends that his 27 November 2000 DD Form 214 should be corrected to show he served 6 months and 13 days in Korea and also all of his awards and decorations.

2.  Item 12f of the applicant's 15 September 1994 DD Form 214 shows the applicant was credited with 5 months and 28 days of foreign service.  There is no evidence of record and the applicant provides insufficient evidence to show he completed 6 months and 13 days of foreign service.  Therefore, there is an insufficient evidentiary basis to correct item 12f of the applicant's DD Form 214.

3.  The evidence of record shows the applicant served a qualifying period of service in Korea for award of the Korea Defense Service Medal.

4.  There is no evidence that the applicant completed a normal tour of duty in Korea, that he was credited with a completed tour, or that his overseas tour was curtailed for the convenience of the Government and through no request from or fault of the applicant.  In fact, the applicant states his overseas assignment was curtailed due to his request for compassionate reassignment.  Therefore, he is not entitled to the Overseas Service Ribbon.

5.  There is no evidence the applicant served a qualifying period of service during the Korean Conflict for award of the Republic of Korea War Service Medal.  Therefore, he is not entitled to the foreign service medal.

6.  Permanent orders awarded the applicant the Army Achievement Medal, as follows:

* on 2 January 1997 for the period 5 January 1995 to 1 February 1997
* on 8 November 2006 for the period 30 June through 8 November 2006
* on 10 August 2007 for the period 15 June through 29 June 2007

Therefore, it would be appropriate to correct his DD Forms 214 to show the correct number of this award at the time of each of his active duty separations.

7.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (2nd Award) from 15 September 1997 to 14 September 2000.

	a.  He was promoted to SPC (E-4) with 26 months of active duty and he was awarded the Army Achievement Medal.

	b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (2nd Award).

	c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct (2nd Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his
DD Forms 214 to show the award.

8.  There is no evidence of record that shows the applicant was recommended for or awarded the Army Commendation Medal, the Joint Service Commendation Medal, or the Joint Service Achievement Medal.

   a.  Therefore, he is not entitled to correction of his records to show the awards.

   b.  While the available evidence is insufficient for correcting the applicant's records to show award of the Army Commendation Medal, the Joint Service Commendation Medal, or the Joint Service Achievement Medal, this in no way affects his right to pursue his claim for the awards by submitting his request(s) through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

9.  In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his foreign service and the awards and decorations, as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  awarding him the Army Good Conduct Medal (2nd Award) for the period 15 September 1997 to 14 September 2000 (Standard Name Line:  SPC  Headquarters and Headquarters Company, 111th Military Intelligence Brigade, U.S. Army Intelligence Command, Fort Huachuca, AZ  85613-6000); and

	b.  correcting his 27 November 2000 DD Form 214 by:

    	(1)  deleting from item 13 the "Army Good Conduct Medal"; and

    	(2)  adding the following awards to item 13:

* Army Good Conduct Medal (2nd Award)
* Korea Defense Service Medal
	
   c.  correcting his 26 November 2006 DD Form 214 by:

    	(1)  deleting from item 13 the "Army Good Conduct Medal-1"; and

    	(2)  adding to item 13 the:

* Army Good Conduct Medal (2nd Award)
* Korea Defense Service Medal

   d.  correcting his 1 November 2007 DD Form 214 by:

    	(1)  deleting from item 13 the "GCMDL-Army"; and

    	(2)  adding to item 13 the:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* Korea Defense Service Medal
   
   e.  correcting his 30 August 2012 DD Form 214 by:

    	(1)  deleting from item 13 the "Army Good Conduct Medal"; and

    	(2)  adding to item 13 the:

* Army Good Conduct Medal (2nd Award)
* Korea Defense Service 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 6 months and 13 days of foreign service, the Army Commendation Medal, Joint Service Commendation Medal, Joint Service Achievement Medal, Overseas Service Ribbon and Republic of Korea War 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)                                         AR20120012049



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ABCMR Record of Proceedings (cont)                                         AR20120012049



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