IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000147
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show awards of the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and the Korea Defense Service Medal (KDSM) and that his completion of the Traffic Management and Investigation Course be added as well.
2. The applicant states that his awards of the ARCOM, AAM, and KDSM are not reflected on his DD Form 214. Additionally, his completion of the Traffic Management and Investigation Course is not reflected on his DD Form 214.
3. The applicant provides copies of his orders awarding him the ARCOM, his AAM Certificate, his completion certificate for the Traffic Management and Investigation Course 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 31 May 1979. He completed his one-station unit training as a military policeman at Fort McClellan, Alabama and was transferred to Korea for his first assignment.
3. He completed his assignment in Korea and was transferred to Fort Bragg, North Carolina and completed the Primary Leadership Course of 4 weeks in 1981. He also completed the Traffic Management and Accident Investigation Course of 3 weeks in January 1982. He was promoted to the pay grade of E-5 on 1 November 1982.
4. He again departed for assignment to Korea on 19 December 1984 and departed Korea on 30 November 1985. On 3 December 1985, he was honorably discharged due to the expiration of his term of service. He had served 6 years, 6 months, and 3 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Good Conduct Medal (2nd Award), Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon, and his marksmanship badges. It also shows that he completed the Law Enforcement course of 8 weeks in September 1979.
5. The applicant provides a copy of Permanent Orders Number 69-1 issued by Headquarters, 16th Military Police Brigade at Fort Bragg, North Carolina on 24 October 1984, which awarded the applicant the ARCOM for the period 25 September 1980 to 2 December 1984.
6. The applicant's records do not contain and he does not provide a copy of orders awarding him the AAM. The applicant provides a copy of an AAM Certificate, dated 24 September 1985 and his records contain a DA Form 2446 (Request for Orders), dated 24 September 1985, requesting orders be issued for an AAM for the applicant for meritorious service for the same period shown on the certificate he provides.
7. Army Regulation 600-8-22 (Military Awards) states the AAM 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.
8. Army Regulation 600-8-22 states the 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. The applicant was awarded the ARCOM and completed qualifying service for the KDSM. He is entitled to have those awards added to his DD Form 214.
2. Though the applicant's records do not contain and he does not provide a copy of orders awarding him the AAM, he provides a copy of an AAM Certificate, dated 24 September 1985, and his records contain a DA Form 2446, dated 24 September 1985, requesting orders be issued for an AAM for the applicant for meritorious service for the same period shown on the certificate he provides. As such, there is sufficient evidence to presume orders were issued awarding him the AAM, and it would therefore be appropriate to add the AAM to his
DD Form 214.
3. The applicant completed the Primary Leadership Course of 4 weeks in 1981 and the Traffic Management and Accident Investigation Course of 3 weeks in January 1982 and is entitled to have those courses added to his DD Form 214 as well.
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 the ARCOM, AAM, and KDSM to item 13 of his DD Form 214
* Adding the Primary Leadership Course of 4 weeks in 1981 and the Traffic Management and Accident Investigation Course of 3 weeks in January 1982 to item 14 of 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.
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