IN THE CASE OF: BOARD DATE: 8 December 2011 DOCKET NUMBER: AR20110011415 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 award of the Army Superior Unit Award (ASUA) and the Korea Defense Service Medal (KDSM). 2. The applicant states he just learned these items were missing from his DD Form 214. 3. The applicant provides: * DA Form 2166-6 (Enlisted Evaluation Report) * Army Commendation Medal Certificate * a two-page extract from the Military Awards Branch website 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. His record shows he enlisted in the Regular Army on 2 December 1980. Upon completion of initial entry training he was awarded military occupational specialty 88M (Motor Transport Operator). On 30 June 1998, he was retired from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Retirement). The highest rank/grade he attained while serving on active duty was sergeant first class (SFC)/E-7. 3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized: * Army Commendation Medal (5th Award) * Army Achievement Medal (6th Award) * Army Good Conduct Medal (5th Award) * National Defense Service Medal * Southwest Service Asia Service Medal (2 bronze service stars) * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Kuwait Liberation Medal (SA) * Kuwait Liberation Medal (KU) * Expert Marksmanship Qualification Badge with Pistol Bar (9MM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16) * Pathfinder Badge * Driver and Mechanic Badge with Driver-W Bar 4. The applicant provided and his record contains a DA Form 2166-6, Part 1g (Unit, Organization, Station, Zip Code/Army Post Office (APO), Major Command (MACOM)) shows “89th Transportation Company Kleber Kaserne, APO NY 09227 (UJ).” Part I (Period of Report) shows “85 12 thru 86 10.” 5. The applicant’s record contains a DA Form 2166-7 (NCO Evaluation Report), Part 1f (Unit, Organization, Station, Zip Code or APO, MACOM) shows “B Co, 702D MSB, APO AP 96224-0352 EUSA.” Part Ih (Period Covered) shows “94 12 thru 95 07.” 6. The Awards and Decorations Branch, U.S. Army Human Resources Command website shows the 89th Transportation Company, 53rd Transportation Battalion, was awarded the ASUA for its service from 1 January to 31 December 1986 on Department of the Army General Orders 26, dated 10 June 1989. 7. Army Regulation 600-8-22 further provides that the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003. This regulation provides that 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 area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area. 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 contention that his records should be corrected to show award of the ASUA and KDSM was carefully considered and determined to have merit. 2. The evidence of record shows the applicant was assigned to the 89th Transportation Company during the period the unit was awarded the ASUA for service from 1 January to 31 December 1986. Therefore, the applicant's records should be corrected to show this award. 3. The evidence shows the applicant served on active duty in the Eighth U.S. Army, Republic of Korea during a designated period of time to qualify for award of the KDSM. Therefore, he is entitled to correction of his record to show this award. 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 to item 13 of his DD Form 214 the ASUA and KDSM. _______ _ __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) AR20110011415 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110011415 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1