IN THE CASE OF:	 

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110014862 


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 a second Army Commendation Medal (ARCOM) and the Korea Defense Service Medal (KDSM).

2.  The applicant states he was awarded an ARCOM in April 1994 after he out-processed.  He also contends that he served in the Republic of Korea (ROK) and should receive the KDSM.

3.  The applicant provides no additional evidence.

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 indicate he completed the following military service:

	a.  U.S. Army Reserve (USAR) Ready Reserve – 12 May 1986 to 3 June 1987,

	b.  USAR active duty training – 11 June to 1 August 1986,

	c.  USAR delay entry program – 4 June to 26 October 1987, and

	d.  Regular Army – 27 October 1987 to 9 May 1994.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows:

	a.  item 5 (Overseas Service) – ROK from 27 May 1990 to 17 February 1991 and Somalia from 17 December 1992 to 11 March 1993, and

	b.  item 9 (Awards, Decorations, and Campaigns) –

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal (3rd Award)
* ARCOM (1st Award)
* Joint Meritorious Unit Award
* Overseas Service Ribbon (1st Award)
* Armed Forces Expeditionary Medal (1st Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Good Conduct Medal (1st Award)

4.  The applicant's DD Form 214 for the period ending 9 May 1994 shows the same awards as listed on his DA Form 2-1.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ARCOM 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 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 ROK.  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 contends that his DD Form 214 should be corrected to show award of a second ARCOM and the KDSM.

2.  The available evidence of record clearly shows the applicant was awarded an ARCOM.  However, there is no evidence showing he was awarded a second ARCOM.  Furthermore, he has not provided any substantiating documentation to support such contention.  Therefore, this portion of his request should be denied.

3.  The available evidence of record clearly shows the applicant served during a qualifying period for award of the KDSM.  Therefore, his records should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 showing that in addition to the awards already shown on his DD Form 214, his authorized awards include the KDSM.

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 award of a second ARCOM.



      __________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)                                         AR20110014862



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ABCMR Record of Proceedings (cont)                                         AR20110014862



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