IN THE CASE OF:	  

		BOARD DATE:	    17 June 2014

		DOCKET NUMBER:  AR20130017055 


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) for the period ending 16 October 2002 to show award of the Army Commendation Medal and any other missing awards and decorations.

2.  The applicant states some of the awards were not in service when he was discharged.  He is putting together his dress uniform to be buried in and it would make him feel better to have it right.

3.  The applicant provides:

* Orders Number 296-221, issued by Department of Military Affairs, Boone National Guard Center, Frankfort, KY, dated 23 October 2001
* North Atlantic Treaty Organization (NATO) Travel Order Number 64-014, issued by Department of the Army, Task Force Santa Fe, Germersheim Army Depot, dated 5 March 2002

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 16 November 1979, the applicant enlisted in the Kentucky Army National Guard (KYARNG) for a 6-year period.

3.  On 4 March 1984, he was honorably discharged.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows award of the Army Service Ribbon and the Noncommissioned Officer (NCO) Professional Development Ribbon with "Numeral 1."

4.  On 5 March 1984, the applicant enlisted in the Regular Army for a 3-year period.

5.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows the following overseas assignments:

* 19 September 1985 through 10 September 1988, Germany
* 24 September 1990 through 6 November 1991, Korea

6.  A DA Form 638-1 (Recommendation for Award), dated 28 February 1994, shows the applicant was previously awarded the Army Commendation Medal (2nd Award).

7.  On 17 November 1994, he reenlisted in the KYARNG for a 3-year period to be effective upon his separation from the Regular Army.

8.  On 1 December 1994, he was honorably discharged.  His DD Form 214 shows award of the:

* Army Commendation Medal (1st oak leaf cluster)
* Army Achievement Medal (2nd oak leaf cluster)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* NCO Professional Development Ribbon (Basic Level)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver-W Bar (for wheeled vehicles)

9.  On 1 June 1999, he entered active duty for special work.  On 24 September 1999, he was honorably released from active duty special work.  His DD Form 214 for this period of service shows award of the:

* Army Service Ribbon
* Army Commendation Medal with 1 oak leaf cluster
* Army Achievement Medal with 2 oak leaf clusters
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Overseas Service Ribbon
* NCO Professional Development Ribbon
* Army Reserve Components Achievement Medal with 1 oak leaf cluster
* Driver and Mechanic Badge

10.  He provides a copy of Orders Number 296-221, dated 23 October 2001, which show he was ordered to active duty.  He also provides a copy of NATO Orders Number 64-104, dated 5 March 2002, which show he participated in Operation Enduring Freedom (OEF).

11.  On 16 October 2002, he was honorably discharged due to a disability.  His DD Form 214 shows award of the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (3rd Award)
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal with "M" Device
* NCO Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

12.  On 16 October 2002, he was honorably discharged from the KYARNG.  His NGB Form 22 shows award of the:

* Army Service Ribbon
* National Defense Service Medal (2nd Award)
* NCO Professional Development Ribbon with Numeral 2
* Army Good Conduct Medal (2nd Award)
* Overseas Service Ribbon (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Driver and Mechanic Badge with Driver-W Bar
* Army Reserve Components Achievement Medal (3rd Award)
* Armed Forces Reserve Medal with "M" Device
* Kentucky Service Ribbon (4th Award)

13.  Item 9 (Award, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows award of the:

* Army Service Ribbon
* National Defense Service Medal
* NCO Professional Development Ribbon with Numeral 2
* Army Good Conduct Medal
* Overseas Service Ribbon (2nd Award)
* Army Commendation Medal (1st Award)
* Army Achievement Medal (3rd Award)
* Driver and Mechanic Badge with Driver-W Bar
* Army Reserve Components Achievement Medal with 1 oak leaf cluster
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

14.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.

	a.  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.

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The regulation stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.  The itemized instructions for completing the DD Form 214 stated to enter in item 13 all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  Prior to his discharge on 16 October 2002, records show the applicant was awarded the Army Commendation Medal (2nd Award) and the Driver and Mechanic Badge with Driver-W Bar.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 16 October 2002 to show this award and badge.

2.  Although the Korea Defense Service Medal is not listed on the applicant's DD Forms 214, he served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 16 October 2002 to show this award.

3.  The applicant served a qualifying period of service for award of the GWOTSM; therefore, he is entitled to correction of his DD Form 214 for the period ending 16 October 2002 to show this award.

4.  Although he provides NATO travel orders for participation in OEF, insufficient evidence has been presented showing the location of his deployment.  As a result, there is insufficient evidence to determine if he is entitled to additional awards and decorations based on his deployment.

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:
	a.  removing the Army Commendation Medal from his DD Form 214 for the period ending 16 October 2002, and 

	b.  adding the following to his DD Form 214 for the period ending 16 October 2002:

		*	Army Commendation Medal (2nd Award)
		*	Korea Defense Service Medal
		*	Global War on Terrorism Service Medal
		*	Driver and Mechanic Badge with Driver-W 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)                                         AR20130017055



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ABCMR Record of Proceedings (cont)                                         AR20130017055



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