BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016920
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) to add the Army Achievement Medal.
2. The applicant states, in effect, the Army Achievement Medal was omitted from his DD Form 214.
3. The applicant provides:
* DA Form 638 (Recommendation for Award), dated 5 July 2001
* Letter from the National Personnel Records Center, dated 6 September 2013
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 30 April 1999 and held military occupational specialty 12C (Bridge Crewmember).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to Korea from 8 September 1999 to 7 September 2000. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16) and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
4. He was honorably released from active duty on 29 April 2002. His DD Form 214 shows he was awarded or authorized the:
* Army Lapel Button
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
5. He provided a DA Form 638, dated 5 July 2001, showing Permanent Orders (PO) Number 187-02, issued by Headquarters, 1st Battalion, 87th Infantry Regiment, Fort Drum, NY, on or around 6 June 2001 awarded him the Army Achievement Medal.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
7. Army Regulation 600-8-22 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. PO awarded the applicant the Army Achievement Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.
2. His DA Form 2-1 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. Therefore, he is entitled to correction of his DD Form 214 to add these badges.
3. He served in Korea for a period of 12 months during a qualifying period for award of the Korea Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to add this award.
4. He served a qualifying period of time for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.
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 to his DD Form 214 the:
* Army Achievement Medal
* Korea Defense Service Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
_______ _ 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) AR20130016920
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ABCMR Record of Proceedings (cont) AR20130016920
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