RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050004745


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, in effect, requests correction of his record to show
award of the Army Commendation Medal, the second award of the Army
Achievement Medal correctly known as (Army Achievement Medal with First Oak
Leaf Cluster) and the Korea Defense Service Medal.

2.  The applicant states his DD Form 214 (Certificate of Release or
Discharge from Active Duty), with a separation date of 7 July 1996, does
not reflect the awards he earned while on active duty.

3.  The applicant provides copies of his DD Form 214 with a separation date
of 7 July 1996; a letter of explanation, dated 24 March 2005, regarding
correction of his DD Form 214; an award certificate for the Army
Achievement Medal, dated 16 September 1994, and a DA Form 638
(Recommendation for Award) for award of the Army Commendation Medal, dated
22 April 1996.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 7 July 1996, the date of his separation from the Army.  The application
submitted in this case is dated 24 March 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's service records are incomplete; however, his records do
show that he enlisted in the Regular Army on 6 July 1993.  He completed
basic combat training and advanced individual training and was awarded
Military Occupational Specialty (MOS) 98J20 (Non-Communicator Interceptor
Analyst).  The applicant was honorably separated from active duty on 7 July
1996.





4.  The applicant submitted a letter outlining his initial request for
correction of his records by the ABCMR, which was denied due to
insufficient records on 26 February 2005.  He adds that his records were
located and being held in storage at the Human Resources Command, St.
Louis, Missouri.

5.  The applicant also points out that he received award of the Army
Commendation Medal and the Army Achievement Medal with First Oak Leaf
Cluster based on permanent orders included in his military records.  He
adds that he also is qualified for the newly approved Korea Defense Service
Medal (Public Law 107-314) for his service in the Republic of Korea while
assigned to 102nd Military Intelligence Battalion from 5 July 1993 through
6 July 1994.  The applicant's letter also points out his request for three
awards, will be supported by his military records located in the Human
Resources Storage Facility.

6.  Item 13 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Army Commendation Medal; the Army Achievement Medal
with First Oak Leaf Cluster or the Korea Defense Service Medal.

7.  The applicant provided a copy of DA Form 638, dated 22 April 1994, for
award of the Army Commendation Medal based on Headquarters, 504th Military
Intelligence Battalion, Fort Hood, Texas, Permanent Order Number 44-11,
dated 21 May 1996, for the period 12 August 1994 through 7 July 1996.  The
award is not shown on the applicant's DD Form 214.

8.  The applicant's military record contains DA Form 638, dated 23
September 1994, for award of the Army Achievement Medal (First Oak Leaf
Cluster) based on 303rd Military Intelligence Battalion, Fort Hood, Texas,
Permanent Order Number 09-12, dated 27 September 1994, for the period 8
September 1994 through 16 September 1994.  The award is not shown on the
applicant's DD Form 214.

9.  The applicant's DD Form 214 shows that he served a tour of duty
overseas for one year, but does not indicate the dates or location of his
assignment.

10.  The applicant's military record contains DA Form 1059 (Service School
Academic Evaluation Report), dated 1 July 1994.  This form shows that the
applicant completed his Primary Leadership Development Course Class 7-94,
at Eighth U.S. Army Wightman, Non-Commissioned Officers Academy while in
Korea for the period from 6 June 1994 through 1 July 1994.


11.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) 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 areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

12.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

13.  Army Regulation 600-8-22 states, that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which are the Purple Heart, the Bronze Star Medal, the Army
Commendation Medal and the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his record to show award of the
Army Commendation Medal.

2.  The applicant’s record contains Permanent Orders authorizing award of
the Army Commendation Medal.  Therefore, the applicant is entitled to
correction of his records to show award of the Army Commendation Medal.

3.  The applicant requests correction of his record to show a second award
of the Army Achievement Medal (correctly known as the Army Achievement
Medal with First Oak Leaf Cluster).

4.  The applicant's military record contains a DA Form 638, dated
23 September 1994, which awarded him the Army Achievement Medal with First
Oak Leaf Cluster based on Permanent Order Number 09-12, dated 27 September
1994.  The DA Form 638 is sufficient evidence to support the applicant's
request.  Therefore, the applicant is entitled to correction of his records
to show award of the Army Achievement Medal with First Oak Leaf Cluster and
correction of his records to show this medal.

5.  The applicant stated that he served in Korea as a member of the 102nd
Military Intelligence Battalion from 5 July 1993 through 6 July 1994.

6.  The applicant's DD Form 214 shows that he had one year overseas.  His
military records also contain a service school academy report which shows
he attended and completed Primary Leadership Development Course Class
7-94, at the Eighth U.S. Army Wightman, Non-Commission Officers Academy in
Korea, from 6 June 1994 through 1 July 1994.

7.  Based on the foregoing there is sufficient evidence that the applicant
completed a period of qualifying service for award of the Korea Defense
Service Medal.  Therefore, the applicant is entitled to award of the Korea
Defense Service Medal and correction of his records to show this service
medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 July 1996; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 July 1999.  Although the applicant did not file within the 3-
year statute of limitations, it is appropriate to waive failure to timely
file in this case based on the relief being granted.
BOARD VOTE:

__GJP____  _WFC___  _JPI___  GRANT 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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Army Commendation
Medal, the Army Achievement Medal with First Oak Leaf Cluster and the Korea
Defense Service Medal.





            __John P. Infante_____
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004745                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |1996/07/07                              |
|DISCHARGE AUTHORITY     |AR635-200, Chap 4                       |
|DISCHARGE REASON        |Comp Required Active Service            |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |





-----------------------
[pic]