IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130006572 


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) for the period ending 31 July 1998 to show award of the Korea Defense Service Medal (KDSM), Meritorious Service Medal (MSM), and Navy and Marine Corps Achievement Medal (NMCAM).

2.  The applicant states the MSM and NMCAM were not received until after his retirement date.

3.  The applicant provides:

* MSM Certificate
* NMCAM Certificate
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report)
* Republic of Korea Army (ROKA) Letter of Appreciation

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 on 29 April 1976.

3.  On 29 November 1994, the Military Personnel Service Center, Pentagon, issued Permanent Order 195-14 awarding him the Army Good Conduct Medal (6th Award) for the period 29 June 1991 through 28 June 1994.

4.  His records contain two DA Forms 2166-7 for the rating periods covering February 1995 through April 1996 showing he served in Korea during that time.

5.  He provides an ROKA Letter of Appreciation for his service in Korea, dated 19 April 1996.

6.  His records contain an MSM Certificate showing he was awarded the MSM on 17 February 1998 for meritorious service during the period 1 August 1988 to 31 July 1998 by Headquarters, U.S. Army Infantry Center, Permanent 
Order 048-4.  Based on the 10-year period of service cited, this appears to be a retirement award.

7.  His records contain an NMCAM Certificate showing he was awarded the NMCAM on 17 May 2000 for professional achievement from December 1991 to February 1995.

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the AGCM (7th Award) for the period 29 June 1994 to 28 June 1997.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

9.  On 31 July 1998, the applicant retired in the rank of master sergeant after completing more than 20 years of active service.

10.  His DD Form 214 for the period 3 May 1979 through 31 July 1998 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (3rd Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (AGCM) (6th Award)
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia
* Drill Sergeant Identification Badge

11.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Any 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940 qualifies for award of the AGCM.

12.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Order 048-4 awarded him the MSM.  Therefore, he is entitled to have the MSM added to his DD Form 214.

2.  His records show his service met the criteria for award of the KDSM.  Therefore, he is entitled to have the KDSM added to his DD Form 214.

3.  His records contain an NMCAM Certificate for professional achievement.  Therefore, it would be appropriate to add the NMCAM to his DD Form 214.

4.  Permanent Order 195-14 awarded him the AGCM (6th Award) for the period 29 June 1991 through 28 June 1994.  There is no evidence he was awarded a seventh AGCM after this period.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  It would be reasonable to presume the absence of this award was due to an oversight and any reasonable doubt concerning the applicant's service should be resolved in his favor regarding eligibility for the AGCM (7th Award).  Therefore, it would be appropriate to award him the AGCM for the period 29 June 1994 through 28 June 1997 and add it to his DD Form 214.

5.  In view of the foregoing, the applicant's records should be corrected as shown below.
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.  awarding him the AGCM (7th Award) for the period 29 June 1994 through 28 June 1997;

	b.  deleting award of the AGCM (6th Award) from his DD Form 214 for the period ending 31 July 1998; and

	c.  adding award of the MSM, AGCM (7th Award), KDSM, and NMCAM to his DD Form 214 for the period ending 31 July 1998.




      _______ _  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)                                         AR20130006572



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ABCMR Record of Proceedings (cont)                                         AR20130006572



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