IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140008602
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she:
* was a sergeant (SGT)/E-5
* was awarded the Army Commendation Medal and the Korea Defense Service Medal
* completed the Unit Supply Course and the Primary Leadership Development Course
2. The applicant states she didn't pay attention to the missing items. She is trying to get a job at the Department of Veterans Affairs (VA). She did not know it was important to have the information on her DD Form 214.
3. The applicant provides a copy of her 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 4 March 1980. She held military occupational specialty 76V (Materiel Storage and Handling Specialist).
3. Her DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
a. Item 5 (Oversea Service) she served in Korea from 14 December 1981 through 27 October 1982.
b. Item 9 (Awards, Decorations and Campaigns) the:
* Army Service Ribbon
* Overseas Service Ribbon
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
c. Item 18 (Appointment and Reductions) the highest rank she attained was specialist four (SP4) with date of rank of 22 July 1981.
d. Item 35 (Record of Assignments) she was assigned in Korea to the 45th Transportation Company from 17 December 1981 through 26 October 1982.
4. She was released from active duty (REFRAD) due to completion of required service effective 3 March 1983 as a SP4. Her DD Form 214 shows in:
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* NCO Professional Development Ribbon
b. Item 14 (Military Education):
* Materiel Storage Handling Specialist, 4 weeks (May 1980)
* Primary Leadership Development Course, 4 weeks (1982)
5. Her records contain a copy of Permanent Orders 244-2, Headquarters, U.S. Army Armor Center and Fort Knox, dated 22 December 1981, showing she was awarded the Army Commendation Medal for meritorious service during the period 20 June 1980 to 10 November 1981.
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 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. The available evidence shows she served a qualifying period for award of the Korea Defense Service Medal.
2. Orders show she was awarded the Army Commendation Medal.
3. Her DD Form 214 should be corrected to show these awards.
4. Her DD Form 214 already shows she completed PLDC. A correction is not necessary.
5. There is no evidence showing she was a SGT at her 3 March 1983 REFRAD or that she completed the Unit Supply Course during her active duty service.
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 her DD Form 214 the Army Commendation Medal and the Korea Defense Service Medal.
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 she was a SGT or that she completed the Unit Supply Course.
___________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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008602
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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