IN THE CASE OF: 

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000119 


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 show he was awarded:

* Korea Defense Service Medal (KDSM)
* A second Armed Forces Service Medal (AFSM)
* Two Army Superior Unit Awards (ASUA)

2.  The applicant states he served in Operation Joint Guard and was discharged prior to a U.S. Military Operation being approved for award of the AFSM.  The first award of the ASUA for Task Force Eagle was announced after his discharge.  A second ASUA was announced almost 4 years later.  He also contends that the National Personnel Records Center (NPRC) verified his eligibility for the KDSM.

3.  The applicant provides copies of:

* Department of the Army General Orders (DAGO) Number 15, dated 
11 April 1997 (first three pages only)
* Certificate for award of the ASUA, dated 6 December 1996, with a list of units
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period May 1996 to April 1997
* DAGO Number 25, dated 8 June 2001 (Pages 1 and 44 only)
* Letter, NPRC, dated 5 August 2004
* Army Regulation 600-8-22 (Military Awards) (page 33 only)

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.  An Officer Record Brief (ORB) as filed in the applicant's Official Military Personnel File (OMPF) shows that he served in the Republic of Korea (ROK) with Company C, 1st Infantry Battalion, 2nd Infantry Division, during a 12-month period ending in August 1981.

3.  The applicant enlisted in the Regular Army on 25 May 1984.

4.  A citation for the applicant's award of the Joint Service Commendation Medal states he had distinguished himself by exceptional meritorious achievement in support of Operation Joint Endeavor in Bosnia-Herzegovina from 8 December 1995 to 1 May 1996.

5.  A DA Form 2166-7 that is filed in the applicant's OMPF reports he participated in Operation Joint Endeavor during the rating period February to April 1996 with Company B, 1st Battalion, 10th Special Forces (Airborne).

6.  A DA Form 2166-7, as provided by the applicant and filed in his OMPF, shows he was assigned to Company B, 3rd Battalion, 10th Special Forces Group (Airborne), from May 1996 to April 1997.  This evaluation report states the applicant was deployed to Bosnia in support of Operation Joint Guard from January to March 1997.

7.  DAGO Number 15, dated 11 April 1997, announced award of the ASUA to the 1st Armored Division and participating units for the period 10 April 1994 to 7 November 1996.  A certificate for award of the ASUA with a listing of participating units shows the Special Operations Command Communications Element 020, Company B, 1st Battalion, 10th Special Forces Group (Airborne) was awarded the ASUA for this period of service.
8.  On 30 September 1997, the applicant retired from the Regular Army in the rank of master sergeant, pay grade E-8.  A DD Form 215 (Correction to DD Form 214) was issued in conjunction with his 30 September 1997 DD Form 214 to show his authorized awards as:

* Meritorious Service Medal (4 Awards)
* Joint Service Commendation Medal
* Army Commendation Medal (4 Awards)
* Joint Service Achievement Medal (2 Awards)
* Army Achievement Medal (9 Awards)
* Joint Meritorious Unit Award (2 Awards)
* Army Good Conduct Medal (5 Awards)
* National Defense Service Medal (2 Awards)
* Southwest Asia Service Medal
* Armed Forces Expeditionary Medal
* Humanitarian Service Medal (Turkey)
* Noncommissioned Officer's Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (2 Awards)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Infantryman Badge
* Master Parachutist Badge
* Pathfinder Badge
* Military Free Fall Jumpmaster Badge
* Ranger Tab
* Special Forces Tab
* Canadian Parachutist Badge
* Royal Danish Parachutist Badge
* Silver German Armed Forces Parachutist Badge
* Greek Parachutist Badge
* Greek HALO Parachutist Badge
* Italian Parachutist Badge
* Kenya Parachutist Badge
* Norwegian Armed Forces Parachutist Badge
* Czecholslovakian Parachutist Badge
* Armed Forces Service Medal
* North Atlantic Treaty Organization Medal

9.  DAGO Number 25, dated 8 June 2001, announced award of the ASUA to the 1st Special Forces Battalion, 10th Special Forces Group (Airborne), 1st Special Forces, for the period 1 October 1995 to 31 July 1996.
10.  Army Regulation 600-8-22 (Military Awards):

	a.  states the 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 
30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility or meet several listed criteria.

	c.  states the ASUA was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded:

* KDSM
* AFSM (2 Awards)
* ASUA (2 Awards)

2.  The available evidence shows the applicant served a tour of duty in the ROK in 1981.  Thus, he is authorized the KDSM for this service.

3.  The available evidence also shows the applicant participated in Operation Joint Endeavor and Operation Joint Guard during two separate periods of service.  Therefore, he is authorized two awards of the AFSM.
4.  DAGO 15 shows that the Special Operations Command Communications Element 020 of Company B, 1st Battalion, 10th Special Forces Group (A) was awarded the ASUA for the period 10 April 1994 to 7 November 1996.  Records show the applicant was assigned to Company B, 1st Battalion for a portion of the designated period for this award; however, it cannot be determined if he was a part of the communications element that qualified for the ASUA.  Therefore, this portion of his request should be denied.

5.  DAGO Number 25 shows the ASUA was awarded to the 1st Special Forces Battalion, 10th Special Forces Group (Airborne), 1st Special Forces, for the period 1 October 1995 to 31 July 1996.  Records show the applicant was assigned to this unit for a qualifying period.  Therefore, his DD Form 214 should be corrected to show award of the ASUA.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Armed Forces Service Medal from his DD Form 214 for the period ending 30 September 1997; and

	b.  adding to his DD Form 214 for the period ending 30 September 1997:

* Korea Defense Service Medal
* Armed Forces Service Medal (2 Awards)
* Army Superior Unit Award



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing award of a second 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)                                         AR20140000119



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ABCMR Record of Proceedings (cont)                                         AR20140000119



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