IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013020
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 (Report of Separation from Active Duty) to show award of the Army Commendation Medal (ARCOM).
2. The applicant states:
* the ARCOM was not presented/documented during his service in Korea from 1976 to 1977
* he was not awarded the medal while at Fort Sill, OK, or when he was discharged
* he did receive documents through his chain of command, but only by way of the mail room
3. The applicant provides:
* award transmittal letter, dated 17 January 1978
* ARCOM Certificate
* letter of commendation, dated 2 November 1977
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 November 1974 for 4 years. He completed his training and was awarded military occupational specialty 16P (Chaparral crewman). He served in Korea from 21 October 1976 to 20 October 1977.
3. Headquarters, 2d Infantry Division, Permanent Orders 162-1, dated 27 December 1977, awarded him the ARCOM for meritorious service during the period 15 October 1976 to 12 October 1977.
4. On 28 November 1978, he was honorably released from active duty.
5. His DD Form 214 shows he was awarded or authorized the:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
* Army Good Conduct Medal
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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 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. Orders show the applicant was awarded the ARCOM. Therefore, his DD Form 214 should be corrected to show this medal.
2. He served a qualifying period for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
___x_____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the ARCOM and KDSM to his DD Form 214.
_______ _ 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) AR20140013020
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ABCMR Record of Proceedings (cont) AR20140013020
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