IN THE CASE OF:  

		BOARD DATE:  4 November 2014 

		DOCKET NUMBER:  AR20140004909 


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 award of the:

* Army Good Conduct Medal
* Korea Defense Service Medal
* Army Achievement Medal (3 Awards)
* Overseas Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal (Bosnia)
* Global War on Terrorism Service Medal
* Expert Marksmanship Qualification Badge with Tank Weapons Bar

2.  The applicant states he wants his record corrected.  He was awarded these medals and they are not listed on his DD Form 214.

3.  The applicant provides a letter from the Carver County Veteran Service Officer Office dated 11 March 2014 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 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 29 September 1999.  He held military occupational specialty 19K (M1 Armor Crewman).

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  Item 5 (Oversea Service) he served in Korea from August 2001 to October 2002.

	b.  Item 9 (Awards, Decorations and Campaigns) the:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal (2 Awards)

	c.  Item 18 (Appointment and Reductions):

* Private (PV2)/E-2 effective 29 September 1999
* Private First Class (PFC)/E-3 effective 29 September 2000
* Private (PV1)/E-1 effective 29 November 2001

	d.  Item 21 (Time Lost):  absent without leave (AWOL) from 9 September through 7 October 2001 (29 days).

4.  He was released from active duty due to completion of required service effective 26 October 2002 as a PV1.  His DD Form 214 shows his awards as the:

* Army Achievement Medal (2 Awards)
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

5.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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

	d.  Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	e.  NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.

	f.  Global War on Terrorism Service Medal is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he served a qualifying period for award of the Global War on Terrorism Service Medal, the Korea Defense Service Medal, and the Overseas Service Ribbon.  His DD Form 214 should be corrected to show these awards.

2.  There is no evidence he was awarded a third Army Achievement Medal, the 
NATO Medal, or the Expert Marksmanship Qualification Badge with Tank Weapons Bar.

3.  There is no evidence he was awarded the Army Good Conduct Medal and the evidence of record does not support awarding it to him.  His DA Form 2-1 shows 


he was AWOL for 29 days, reduced in rank to PV1 effective 29 November 2001, and was released from active duty nearly a year later in that rank.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to his DD Form 214 the:

* Global War on Terrorism Service Medal
* Korea Defense Service Medal 
* Overseas Service Ribbon

2.  The Board further determined 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 he was awarded a third Army Achievement Medal, the Army Good Conduct Medal, NATO Medal, and the Expert Marksmanship Qualification Badge with Tank Weapons 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)                                         AR20110006177



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004909



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1