IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130014101
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Armed Forces Expeditionary Medal (AFEM), Humanitarian Service Medal (HSM), and the Korea Defense Service Medal (KDSM).
2. The applicant states the above awards were not added to his DD Form 214 at the time of his retirement.
3. The applicant provides a memorandum showing his authorization for award of the HSM and AFEM and orders awarding him the Army Commendation for service in Korea during the period 27 June 1989 to 26 June 1990.
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 28 December 1984 and served through a series of continuous reenlistments. He served in Korea during the period of June 1989 to June 1990.
3. On 5 October 1993, he was appointed as a U.S. Army Reserve (USAR) warrant officer one with a concurrent call to active duty and he was promoted to the rank of chief warrant officer two (CW2) on 6 October 1995.
4. On 8 May 2000, the Deputy G1 of the 10th Mountain Division, Fort Drum, New York issued a memorandum to the officers records section indicating that the applicant was authorized award of the HSM and AFEM for duty in Haiti.
5. On 1 March 2002, the applicant was honorably released from active duty due to non-selection for permanent promotion and was transferred to the Maryland Army National Guard (MDARNG).
6. On 27 February 2003, he was honorably discharged from the MDARNG and enlisted in the Regular Army in the pay grade of E-6 on 28 February 2003. He served until he was honorably retired on 31 December 2005. His DD Form 214 issued at the time of his retirement shows he was awarded the Meritorious Service Medal (3rd Award), Army Commendation Medal (3rd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal, National Defense Service Medal, and the Global War on Terrorism Service Medal.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show that he was awarded the HSM and AFEM for his service in Haiti. Accordingly, they should be added to his DD Form 214.
2. The applicant also served in Korea from 1989 to 1990 and is entitled to have the KDSM added to his DD Form 214 as well.
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 adding the HSM, AFEM, and KDSM to his DD Form 214 for the period ending
31 December 2005.
_______ _ 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.
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