IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018406
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 (Report of Separation from Active Duty) to show his award of the Army Commendation Medal (ARCOM).
2. The applicant states:
* he was awarded the medal after his discharge and it was never added to his DD Form 214
* the award was sent to his father's house after his discharge and since he was not living at home his father put it away and forgot to tell him about it
* his father recently passed away and he discovered it when he was sorting through his things
3. The applicant provides:
* an award certificate for the ARCOM
* letter of commendation
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 September 1976 for a period of 3 years. He completed his training and was awarded military occupational specialty 95B (military police (MP)).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 20 June 1978 through 16 August 1979.
4. On 6 September 1979, he was honorably released from active duty in the rank of specialist four after completing 3 years of creditable active service with no time lost.
5. His DD Form 214 shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle, Grenade, Pistol, and Machine Gun Bars.
6. Permanent Orders 161-6, issued by Headquarters, 2nd Infantry Division dated 15 October 1979 awarded him the ARCOM for meritorious service for the period 24 June 1978 to 22 August 1979 while assigned to the 2nd MP Company.
7. There is no evidence to show the applicant received the first award of the Army Good Conduct Medal (AGCM).
8. There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).
9. Army Regulation 600-8-22 (Military Awards) states:
a. the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.
b. states the Korea Defense Service Medal (KDSM) 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. Permanent orders show the applicant was awarded the ARCOM. Therefore, his DD Form 214 should be corrected to show this award.
2. He was honorably released from active duty in the rank of specialist four with 3 years of creditable active service. Since there is no record of any disciplinary action or a commander's disqualification and no time lost, it appears he met the eligibility criteria for the first award of the AGCM for the period 7 September 1976 through 6 September 1979 based on completion of three years of service. Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.
3. He served a period of qualifying service for award of the KDSM. Therefore, his DD Form 214 should be corrected to show 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:
a. awarding him the AGCM (1st award) for the period 7 September 1976 through 6 September 1979; and
b. adding to his DD Form 214 the:
* ARCOM
* AGCM (1st Award)
* KDSM
_____________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) AR20130018406
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