BOARD DATE: 22 September 2011 DOCKET NUMBER: AR20110005384 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 the Armed Forces of the United States) to show the Army Achievement Medal, Korea Defense Service Medal, and all other Army medals he is entitled to. 2. He states the Army Achievement Medal, the Korea Defense Service Medal, and his Army medals are not listed on his DD Form 214. 3. The applicant provides a copy of 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 12 May 1986. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 12B (Combat Engineer). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4. 3. Item 9 (Awards, Decorations, & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) and Item 13 of his DD Form 214 does not show award of the Army Achievement Medal or the Korea Defense Service Medal. 4. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * Army Good Conduct Medal * Army Service Ribbon * Oversea Service Ribbon * Army Lapel Button * Parachutist Badge 5. Item 31 (Foreign Service) of his DA Form 2-1 shows he served in the Republic of Korea during the period 21 March 1988 through 10 May 1989. 6. Item 35 (Record of Assignments) of his DA Form 2-1 shows that during his tour of duty in the Republic of Korea he was assigned to Company B, 2nd Engineer Battalion, 2nd Infantry Division. 7. Permanent Orders 40-7, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 8 March 1988, awarded the applicant the Army Achievement Medal for meritorious service during the period 1 September 1987 to 28 February 1988. 8. 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 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's request that his DD Form 214 be corrected to show award of the Army Achievement Medal, the Korea Defense Service Medal, and all medals he is entitled to was carefully considered. 2. Orders show the applicant was awarded the Army Achievement Medal for meritorious service during the period 11 September 1987 to 28 February 1988. Therefore, his DD Form 214 should be corrected to show this award. 3. The applicant served during a qualifying period of service in Korea for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award. 4. There is no evidence the applicant is entitled to any other additional awards. Therefore, there is no basis for granting this portion of his request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x_ ____x____ _____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 item 13 of his DD Form 214 the Army Achievement Medal and the Korea Defense Service Medal. 2. The Board further determined that 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 adding any additional awards 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) AR20110005384 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005384 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1