IN THE CASE OF: BOARD DATE: 9 October 2012 DOCKET NUMBER: AR20120005780 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: * Three awards of the Army Commendation Medal * Joint Service Achievement Medal * Two awards of the Army Achievement Medal 2. The applicant states the clerk did not add the medals to his DD Form 214. 3. The applicant provides: * Memorandum of reassignment notification * Three certificates for awards of the Army Commendation Medal * DD Form 214 * Permanent Orders for award of the Joint Service Achievement Medal * DA Form 3355 (Promotion Point Worksheet) * DA Form 2-1 (Personnel Qualification Record) 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 29 March 1990 and he held military occupational specialties 96H (Common Ground Station Operator) and 92Y (Unit Supply Specialist). 3. He served in: * Southwest Asia, from 12 January 1991 to 1 May 1991 * Egypt, from 17 January 1993 to 16 January 1994 * Korea, from June 1996 to June 1997 4. He was honorably discharged on 26 July 1997. His DD Form 214 shows the: * Army Commendation Medal (1st Oak Leaf Cluster (OLC)) * Good Conduct Medal (2nd Award) * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars * Multinational Force and Observers Medal with Numeral 2 * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (9 mm) 5. Orders Number 5-2, issued by Headquarters, 1st Infantry Division Artillery, on 19 January 1993, awarded him the Army Commendation Medal for meritorious service from 4 April 1990 to 10 January 1993. 6. Permanent Orders Number 054-25, issued by the Military Personnel Service Center, Washington, DC, on 6 April 1994, awarded him the Joint Service Achievement Medal for service from 21 January 193 to 21 January 1994. 7. Permanent Orders Number 196-003, issued by Headquarters, 2nd Infantry Division, on 15 July 1997, awarded him the Army Commendation Medal for meritorious service from 13 June 1996 to 30 June 1997. 8. In addition to the two awards of the Army Commendation Medal certificates shown above, he provides a third certificate, dated 26 July 1991, showing award of the Army Commendation Medal for meritorious service from 17 January 1991 to 28 February 1991. However, no accompanying orders were provided. 9. His official records do not contain official orders awarding him a third award of the Army Commendation Medal or any awards of the Army Achievement Medal. 10. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 lists two awards of the Army Commendation Medal. It does not list any awards of the Army Achievement Medal. 11. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Achievement Medal is awarded to any member 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. c. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal and/or the Army Achievement Medal. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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. Permanent orders awarded him the Joint Service Achievement Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 2. The applicant's service in Korea from June 1996 to June 1997 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal. 3. His records contain official orders awarding him two awards of the Army Commendation Medal. The certificate he submitted is insufficient by itself to confirm a third award. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis to add a third award of the Army Commendation Medal. 4. His records do not contain official orders awarding him two awards of the Army Achievement Medal. The governing Army regulation states that for personal decorations (which include the Army Achievement Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis to add two awards of the Army Achievement Medal. 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 his DD Form 214 the: * Joint Service Achievement Medal * 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: * Third award of the Army Commendation Medal * Two awards of the Army Achievement Medal __________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) AR20120005780 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005780 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1