IN THE CASE OF:	  

		BOARD DATE:  12 November 2013

		DOCKET NUMBER:  AR20130004363 


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:

* Korea Defense Service Medal
* Global War on Terrorism Service Medal
* Army Reserve Components Achievement Medal (2nd Award) 

2.  The applicant states the regulation authorized the Korea Defense Service Medal and Global War on Terrorism Service Medal after his discharge in 2003.  As for the Army Reserve Components Achievement Medal, this is due to an error by his former Army National Guard (ARNG) unit to follow the regulation which changed the requirement for this award from 4 to 3 years. 

3.  The applicant provides:

* DD Form 214 ending on 2 January 2003
* Extract of Army Regulation 600-8-22 (Military Awards)
* Permanent change of station orders to and from Korea
* Temporary duty station orders to Fort Jackson, SC
* Automated National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)




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's records show he enlisted in the Regular Army (RA) on 25 August 1987 and he held military occupational specialty (MOS) 63B (Light Vehicle Mechanic).  He was honorably discharged on 21 October 1988.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

3.  He enlisted in the ARNG on 6 April 1989.  His ARNG records, including his enlistment contract, NGB Form 23B (ARNG Retirement Points History Statement), awards, and decorations, are not available for review with this case.

4.  He was honorably separated from the ARNG on 28 July 1997.  His NGB Form 22 shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal
* State awards

5.  He enlisted in the RA on 29 July 1997 and he held MOS 71L (Administrative Specialist).  He served in Korea from December 1999 to December 2000.

6.  He was honorably discharged on 2 January 2003 by reason of physical disability.  His DD Form 214 for this period of service shows he was awarded or authorized the:


* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

7.  Army Regulation 600-8-22 states:

	a.  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.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 

	c. The Army Reserve Components Achievement Medal 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 Army National Guard 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.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.



DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from December 1999 to December 2000.  Therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.  

2.  The applicant served on active duty during a qualifying period for award of the Global War on Terrorism Service Medal and he is entitled to correction of his DD Form 214 to show this award.  

3.  With respect to the Army Reserve Components Achievement Medal:  

	a.  The applicant served in the ARNG from 6 April 1989 through 28 July 1997. He was awarded one award of the Army Reserve Components Achievement Medal.  However, his ARNG records are not available for review with this case.  

	b.  It is unclear if he was recommended for a second award of the Army Reserve Components Achievement Medal.  More importantly, his chronological record of retired points is not available for review with this case.  It is unclear if his years of service in the ARNG were qualifying years (50 or more retirement points).  

	c.  There is insufficient evidence to show the applicant met the criteria for a second award of the Army Reserve Components Achievement Medal. 

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 adding to his DD Form 214 for the period ending 2 January 2003 the Korea Defense Service Medal and Global War on Terrorism 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 the Army Reserve Components Achievement 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)                                         AR20130004363





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ABCMR Record of Proceedings (cont)                                         AR20130004363



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