BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012293 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x_____ ___x_____ ___x_ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012293 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 June 1989 to show the Army Achievement Medal and the Korea Defense Service Medal. 2. The Board further determined 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 correcting his DD Form 214 to show he was authorized the National Defense Service 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. BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012293 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) for the period ending 26 June 1989 to show the Army Achievement Medal (AAM), National Defense Service Medal (NDSM), and Korea Defense Service Medal (KDSM). 2. The applicant states the National Personnel Records Center (NPRC) verified his eligibility for these awards based on official documents. The awards were approved after his release from active duty. 3. The applicant provides a copy of his DD Form 214 and a letter from NPRC, dated 29 August 2008. 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 27 June 1986. Following the completion of his initial entry training, he was awarded military occupational specialty 31C (Single Channel Radio Operator). The highest rank/grade he attained while serving on active duty was specialist/E-4. 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Republic of Korea from 11 April 1988 through 25 June 1989. 4. Permanent Orders 133-05, issued by Headquarters, 2nd Infantry Division on 26 June 1989, awarded him the AAM for meritorious achievement from 15 April 1988 through 24 June 1989. 5. The applicant was honorably released from active duty on 26 June 1989 and transferred to the USAR Control Group. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal (1st Award) * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button 6. He was honorably discharged from the USAR on 20 October 1993. His discharge orders and a Chronological Statement of Retirement Points indicate he served with a USAR Troop Program Unit following his release from active duty. 7. The applicant provides a letter from the NPRC, dated 29 August 2008, that informed him of shipment of the awards he was authorized. REFERENCES: Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The NDSM was established by Executive Order 10448, dated 22 April 1953, and has been amended by several executive orders. It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. During the above periods, service members in the following categories will not be eligible for this award: members of the Army National Guard and USAR on short tours of duty to fulfill training obligations under an inactive duty training program; any service member on temporary duty or temporary active duty to serve on boards, courts, commissions, and like organizations; and any service member on active duty for the sole purpose of undergoing a physical examination. b. The KDSM 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: 1. Permanent Orders awarded the applicant the AAM; however, this award is not listed on his DD Form 214. 2. The applicant served in Korea from 11 April 1988 to 25 June 1989. This is a qualifying period for award of the KDSM. 3. The applicant's period of active duty occurred prior to the beginning of the eligibility period for award of the NDSM. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service and does not list awards received after the Soldier's release from active duty. Therefore, since the NDSM was not authorized during the period covered by his DD Form 214, there is no basis for correcting it to show the NDSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012293 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012293 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2