IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130011623
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 the following corrections of his:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal
* Social security number (SSN) shown on General Orders (GO) Number 295 and the Army Commendation Medal citation and certificate
2. The applicant states the Army Commendation Medal was omitted from his records at the National Personnel Records Center (NPRC). The orders, citation, and certificate for this award contain a typographical error in his SSN.
3. The applicant provides a copy of his DD Form 214, GO Number 295, Army Commendation Medal citation and certificate, and a letter from the NPRC.
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 7 May 1968. He completed training and was awarded military occupational specialty 71H (personnel specialist). He served in Korea from 21 October 1968 through 7 December 1969.
3. He was released from active duty in pay grade E-5 on 9 December 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 lists in:
* Item 3 (SSN) "XX1-XX-XXXX"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) - the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Armed Forces Expeditionary Medal (Korea)
* Army Good Conduct Medal (1st Award)
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Records) lists the same awards as shown on his DD Form 214 with the inclusion of the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars.
5. He provided and his record contains GO Number 295, issued by Headquarters, 8th U.S. Army, dated 1 December 1969, awarding him the Army Commendation Medal for meritorious service from 21 October 1968 through 8 December 1969. The orders list his SSN as "XX7-XX-XXXX."
6. He also provided and his record contains a citation and certificate awarding him the Army Commendation Medal for meritorious service in Korea from October 1968 through December 1969. The citation and certificate lists his SSN as "XX7-XX-XXXX."
7. His record also contains a letter, dated 22 January 1970, from Headquarters, 4th U.S. Army Missile Command, which provided him the orders, citation, and certificate for the Army Commendation Medal.
8. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized 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 for 30 consecutive or for 60 nonconsecutive dates from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to correction of the SSN shown on GO Number 295 and certificate for award of the Army Commendation Medal. His SSN was erroneously listed on those documents.
2. GO awarded the applicant the Army Commendation Medal and this award is not listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. He completed a qualifying period of service for award of the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
4. He was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars. Therefore, his DD Form 214 should be corrected to show these awards.
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:
* Deleting from GO Number 295 and the Army Commendation Medal citation and certificate the SSN shown and listing the same SSN as shown on the applicant's DD Form 214 and providing him corrected documents
* adding to his DD Form 214 the Army Commendation Medal, Korea Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars
_______ _ _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) AR20130011623
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ABCMR Record of Proceedings (cont) AR20130011623
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