BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019575 


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 15 July 1991 to show award of the Korea Defense Service Medal.

2.  The applicant states he was just made aware that he qualified for the award.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record – Part II) and an article from the Internet.

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.  His records show he enlisted in the U.S. Army Reserve on 23 November 1966.  He entered active duty for training on 7 April 1967.  On 11 August 1967, he was honorably released from active duty to the control of his Reserve unit.  Upon completion of initial entry training he was awarded military occupational specialty 71F (Postal Operations).  His DD Form 214 for this period shows he was awarded the National Defense Service Medal.

3.  The applicant provided and his records contain his DA Form 2-1 that shows he served in Korea on seven separate occasions from November 1973 through November 1989 for periods of annual training in increments of 15 or 16 days, totaling 107 nonconsecutive days.  This form also shows he served with the 329th Adjutant General Company (Postal) (Direct Support) from November 1988 to October 1994.

4.  The applicant's records contain a certificate from the Secretary of the Army awarding the Army Superior Unit Award to the 329th Adjutant General Company (Postal) (Direct Support) for the period 6 December 1990 to 31 May 1991.

5.  The applicant's records contain Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, Permanent Order Number 98-30, dated 29 May 1991, awarding him the Army Achievement Medal with 2nd Oak Leaf Cluster, indicating the third award of the Army Achievement Medal.

6.  His records contain a DD Form 214 that shows he entered active duty in support of Operations Desert Shield/Desert Storm on 6 December 1990 and he was honorably released from active duty on 15 July 1991.  His DD Form 214 for this period shows he was awarded or authorized:

* Army Service Ribbon
* National Defense Service Medal
* Army Reserve Components Achievement Medal with 3rd Oak Leaf Cluster
* Armed Forces Reserve Medal (2nd Award)
* Army Reserve Components Overseas Training Ribbon with Numeral 4
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Department of the Army General Orders Number 6, dated 31 January 1992, awarded the Army Superior Unit Award to the 329th Adjutant General Company (Postal) (Direct Support) for the period 6 December 1990 to 31 May 1991.

8.  On 30 April 1995, the applicant was reassigned to the Retired Reserve.

9.  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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  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 served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.

11.  Army Regulation 600-8-22 states the Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Components of the Army for successful completion of annual training or active duty for training for periods of not less than 10 consecutive duty days on foreign soil.  The Army Reserve Components Overseas Training Ribbon may be awarded retroactively to those personnel who successfully completed annual training or active duty for training on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984.  Numerals will be used to denote second and subsequent awards of the Army Reserve Component Overseas Training Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Achievement Medal (3rd Award).  Therefore, his DD Form 214 should be corrected to show this award.

2.  General orders awarded the applicant's unit the Army Superior Unit Award for a period while he was assigned to the unit, which is not listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  The evidence shows the applicant served honorably during two separate periods for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show the National Defense Service Medal (2nd Award).

4.  The evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence shows the applicant served in Korea on seven separate occasions from November 1973 through November 1989 for periods of annual training in increments of 15 or 16 days, totaling 107 nonconsecutive days.  Therefore, his DD Form 214 should be corrected to show award of the Army Reserve Components Overseas Training Ribbon with Numeral 7.

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:

	a.  deleting award of the Army Achievement Medal, National Defense Service Medal, and Army Reserve Components Overseas Training Ribbon with Numeral 4 from his DD Form 214 for the period ending 15 July 1991 and

	b.  adding the following awards to his DD Form 214 for the period ending 15 July 1991:

* Army Achievement Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Korea Defense Service Medal


* Army Reserve Components Overseas Training Ribbon with Numeral 7
* Army Superior Unit Award




      ____________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)                                         AR20130019575



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019575



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1