IN THE CASE OF:	   

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140009568 


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 two awards of the Army Commendation Medal.

2.  The applicant states the record is incorrect.  He was awarded the first Army Commendation Medal for service from 1 April 1976 to 5 December 1976 and he was awarded a second award for service from 5 December 1977 to 14 December 1978.  He was told by the outprocessing official that the second award would be added but for some reason it was not.

3.  The applicant provides:

* DD Form 214, ending on 25 August 1980
* Citation for award of the Army Commendation Medal
* Two certificates for award of the Army Commendation Medal
* Permanent Orders (PO) 7-5

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's records show he enlisted in the Regular Army on 3 November 1975 and he held military occupational specialty 11B (Infantryman).  He served in Korea from 3 November 1977 to 28 November 1978 and he was credited with an overseas tour.

3.  PO Number 24-2, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, on 4 February 1977 awarded him the Army Commendation Medal for meritorious service from 1 April 1976 to 5 December 1976. 

4.  He was honorably discharged from active duty on 2 November 1977 to accept appointment as a warrant officer.  His enlisted DD Form 214 (Report of Separation from Active Duty) shows he was awarded or authorized the: 

* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Good Conduct Medal

5.  He was appointed as a warrant officer of the Army with concurrent call to active duty on 3 November 1977.  He served as an aviation officer at Fort Hood, TX. 

6.  PO Number 7-5, issued by Headquarters, 2nd Infantry Division, on 9 January 1979 awarded him the Army Commendation Medal for meritorious service from July 1977 to July 1978.

7.  He was honorably released from active duty on 25 August 1980.  His warrant officer DD Form 214 shows he was awarded or authorized the: 

* Army Commendation Medal
* Good Conduct Medal
* Army Aviator Badge
* Parachutist Badge

8.  Following his release from active duty, he served in a troop program unit of the U.S. Army Reserve (USAR).  He was ultimately honorably discharged from the USAR on 14 November 1983. 
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.  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 from 28 July 1954 to a date to be determined by the Secretary of Defense

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army or active Reserve status in a unit on or after 1 August 1981.  

DISCUSSION AND CONCLUSIONS:

1.  PO awarded him two awards of the Army Commendation Medal.  His second DD Form 214 (ending on 25 August 1980) only reflects one award.  Therefore, he is entitled to correction of this DD Form 214 to show two awards of the Army Commendation Medal.  

2.  He served in Korea from 3 November 1977 to 28 November 1978.  This period of service qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it.  

3.  He served in Korea from 3 November 1977 to 28 November 1978 and he was credited with an overseas tour.  Additionally, he had an active Reserve status in a unit on or after 1 August 1981.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his DD Form 214 to show this award. 

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:

* deleting from his DD Form 214 ending on 25 August 1980 the Army Commendation Medal 
* adding to his DD Form 214 ending on 25 August 1980 the:

* Army Commendation Medal (2nd Award) 
* Korea Defense Service Medal
* Overseas Service Ribbon



      _______ _   _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)                                         AR20140009568





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009568



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1