IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130008819 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 October 1991 (hereafter referred to as his DD Form 214) to show completion of the Drill Instructor Course and the Medal of Honor, Purple Heart, Army Achievement Medals (AAMs), Overseas Service Ribbons (OSRs), and Army Good Conduct Medals (AGCMs). 

2.  The applicant states he wants all of the above shown in his military record and that all documents have been lost or stolen.

3.  The applicant provides no additional documentation.

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 29 January 1991, with prior Regular Army (RA) (1984-1987) and U.S. Army Reserve Troop Program Unit (1987-1991) service the applicant enlisted in the RA.  The highest rank/grade he held was sergeant/E-5.

3.  His DA Form 2-1 (Personnel Qualification Record) authenticated on 1 February 1991 shows in: 

* item 5 (Overseas Service), he was credited with service in Korea from 26 February through 25 May 1991 
* item 9 (Awards, Decorations, and Campaigns), the National Defense Service Medal (NDSM), Army Service Ribbon, OSR, AAM, AGCM, and Army Lapel Button
* item 14 (Military Education), "None"

4.  On 7 October 1991, he was honorably discharged from active duty.  His DD Form 214 for the period ending 7 October 1991 shows he completed 3 months and 24 days of creditable active service with time lost from 22 May through 7 October 1991 during the period covered by the DD Form 214.  The form further shows he was awarded or authorized the:

* NDSM
* AAM
* AGCM
* OSR
* ASR

5.  His record contains a DA Form 1059 (Service School Academic Evaluation Report) showing he completed the non-resident Drill Sergeant School during the period 1 October 1988 through 22 October 1989.

6.  His record is void of documentation showing he was awarded the Medal of Honor or Purple Heart by the proper authority.

7.  His record is void of any documents that indicate he was ever wounded in action.

8.  His record is void of any additional awards of the AAM, AGCM, or OSR.

9.  Army Regulation 600-8-22 (Military Awards) states the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life.  Incontestable proof of the performance of the service is required.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	a.  The Purple Heart was awarded for a wound sustained as a result of hostile action.  Substantiating evidence must have been provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  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.

	c.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  The Joint Federal Travel Regulation states the unaccompanied tour length for military members assigned in Korea is 12 months. 

	d.  The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  

10.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit) states a Soldier will be credited with a completed tour if he/she serves less than the normal prescribed overseas tour when the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.

   a.  The version of the regulation in effect at the time did not provide for entering the specific country where overseas service was performed on the DD Form 214.

   b.  It further provided for entering in-service training courses successfully completed during the period covered by the DD Form 214 being prepared.
   
DISCUSSION AND CONCLUSIONS:

1.  There are no orders or documentary evidence showing the applicant was awarded the Medal of Honor by the proper authority.  Therefore, he is not entitled to have this medal added to his DD Form 214.

2.  In the absence of orders or documentary evidence showing he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made a matter of official record, there is no basis for adding the Purple Heart to his DD Form 214.

3.  His record shows he met the qualifying criteria for award of the KDSM.  As such, he is entitled to have this medal added to his DD Form 214.

4.  There is no evidence he was awarded or was authorized additional awards of the AAM, AGCM, or OSR.  Therefore, he is not entitled to have any additional awards reflected on his DD Form 214.

5.  The DA Form 1059 shows the Drill Sergeant School he completed was a non-resident course.  Moreover, it was completed during a time not covered by a DD Form 214.  Therefore, there is no basis for adding this military education to his DD Form 214.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 
7 October 1991 the KDSM.

2.  The Board further determined 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 adding to his DD Form 214 the:

* Medal of Honor
* Purple Heart
* additional AAMs, AGCMs, OSRs
* Drill Instructor School




      _______ _  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)                                         AR20130008819



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ABCMR Record of Proceedings (cont)                                         AR20130008819



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