IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015496
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded a second Army Commendation Medal and the Korea Defense Service Medal.
2. The applicant states these two awards are not listed on his DD Form 214. He was referred to the Board by the National Personnel Records Center (NPRC).
3. The applicant provides copies of:
* his DD Form 214
* Army Commendation Medal (1st Oak Leaf Cluster (hereafter referred to as 2nd Award)) orders and citation
* NPRC letter
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 was inducted on 4 June 1969. He held military occupational specialty 71H (Personnel Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 25 June 1970 through 20 May 1971. The Army Commendation Medal
(2nd Award) and the Korea Defense Service Medal are not listed with his authorized awards.
4. He was honorably released from active duty on 23 May 1971. He had completed 1 year, 11 months, and 20 days of creditable active duty service. His DD Form 214 shows one award of the Army Commendation Medal but does not show the Army Commendation Medal (2nd Award) or the Korea Defense Service Medal among his awards.
5. Orders dated 19 July 1971 awarded him the Army Commendation Medal (2nd Award).
6. 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 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:
The available evidence shows he was awarded the Army Commendation Medal (2nd Award) and he served a qualifying period for award of the Korea Defense Service Medal. Therefore, these medals should be added to his DD Form 214.
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:
* deleting the Army Commendation Medal from his DD Form 214
* adding the Army Commendation Medal (2nd Award) and the Korea Defense Service Medal to his DD Form 214
___________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) AR20110006177
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015496
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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