IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140004800
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 the Korea Defense Service Medal and Army Impact Achievement Ribbon (correctly known as the Army Achievement Medal).
2. The applicant states he served in Korea from 1984 to 1985. The impact achievement was in 1985. He is attempting to apply for government employment and these corrections would give him priority. The attached orders for the Army Achievement Medal also reflect his service in Korea.
3. The applicant provides copies of Permanent Orders (PO) Number 19-4 and his DD Form 214.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 11 December 1978. He was awarded military occupational specialty 26Q (tactical satellite/microwave systems operator). He served in:
* Germany from 4 September 1979 through 2 December 1982
* Korea from 24 August 1984 through 1 July 1985
3. His records contain and he provided a copy of PO Number 19-4, issued by Headquarters, 41st Signal Battalion, on 5 April 1985, awarding him the Army Achievement Medal for meritorious achievement from 21 to 27 March 1985.
4. He was discharged from active duty on 27 May 1986. His DD Form 214 lists the:
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2)
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars
5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) lists the same awards as shown on his DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) 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 for 30 consecutive day or for 60 nonconsecutive days from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. With regard to the Korea Defense Service Medal, the applicant completed a qualifying period of service in Korea. Therefore, he is entitled to this award and its addition to his DD Form 214.
2. With regard to the Army Achievement Medal, this award is properly shown on his DD Form 214. Therefore, there is no error and no action is required.
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 Korea Defense Service Medal.
_______ _ ___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) AR20140004800
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