IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160006434 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 deleting from his DD Form 214 the Army Achievement Medal (2nd Award) and adding the: * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (1st Award) * 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: * National Defense Service Medal * Global War on Terrorism Service Medal 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. IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160006434 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :TCD :SOS :SMP GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160006434 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * Korea Defense Service Medal * National Defense Service Medal * Global War on Terrorism Service Medal 2. The applicant states the listed awards were given to him after he left his last duty station: * Army Achievement Medal and Army Good Conduct Medal orders were given to him after discharge * The Korea Defense Service Medal was issued after his tour in South Korea in 1998/1999 * The National Defense Service Medal and Global War on Terrorism Service Medal were issued while he was in the Individual Ready Reserve (IRR) (from 2002 to 2006) * between August 2000 and May 2002, he served in the Arkansas Army National Guard (ARARNG) * he wants his records corrected to show future generations of his family the medals he earned 3. The applicant provides: * DD Form 214 for the period ending 28 August 2000 * DA Form 638 (Recommendation for Award), Permanent Orders (PO) Number 344-12, dated 17 December 1998 * DA Form 638, PO Number 165-01 * PO Number 071-01, dated 12 March 2002 * ARNG Honorable Discharge Certificate * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Discharge Orders D-08-620062, dated 29 August 2006 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 29 August 1997 and he held military occupational specialty 77F (Petroleum Supply Specialist). According to his DA form 2-1 (Personnel Qualification Record), he served in Korea from 28 March 1998 to 7 March 1999. 3. PO Number 181-05, issued by Headquarters, 702nd Main Support Battalion, 2nd Infantry Division, on 18 July 1998, awarded him the Army Achievement Medal for service in Korea from 17 May to 2 July 1998. 4. PO Number 344-12, issued by Headquarters, 702nd Main Support Battalion, 2nd Infantry Division, on 27 March 1999, awarded him the Army Achievement Medal (2nd Award) for achievement from 9 March 1998 to 27 March 1999. 5. PO Number 165-01, issued by Headquarters, 1st Squadron, 8th Cavalry, Fort Hood, TX, awarded him the Army Achievement Medal (3rd Award) for service from 24 April 1999 to 28 August 2000. 6. He was honorably released from active duty on 28 August 2000 and he was transferred to a unit of the ARARNG. His DD Form 214 shows he completed 3 years of active service. It also shows he was awarded or authorized: * Army Lapel Button * Army Achievement Medal (2nd Award) * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar 7. He enlisted in the ARARNG on 29 August 2000. He was assigned to the 2nd Battalion, 135th Aviation, Little Rock, AR. 8. On 12 March 2002, Headquarters, 1st Battalion, 8th Cavalry, Fort Hood, TX, published PO Number 071-01 awarding him the Army Good Conduct Medal (1st Award) for service during the period 29 August 1997 through 28 August 2000. 9. He was honorably separated from the ARARNG on 29 May 2002 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligations. He was issued an NGB Form 22 by the State documenting his ARNG service. 10. There is no indication he was transferred from the IRR to a troop program unit of the U.S. Army Reserve between the date he was separated from the NG and the date he was ultimately discharged from the U.S. Army Reserve. 11. He was honorably discharged from the U.S. Army Reserve on 29 August 2006. REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty will also be eligible. Members of the ARNG and the U.S. Army Reserve on short tours of duty to fulfill training obligations under inactive duty training programs are not eligibility for this award. b. 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. c. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. DISCUSSION: 1. The applicant was awarded three awards of the Army Achievement Medal. His DD Form 214 listed only two awards. 2. PO awarded the applicant the Army Good Conduct Medal for service during the period 29 August 1997 through 28 August 2000, which is the period covered by his DD Form 214. This award is not listed on his DD Form 214. 3. The applicant served a qualifying period of service for award of the Korea Defense Service Medal. This award is also not listed on his DD Form 214. 4. The National Defense Service Medal is authorized for service from 11 September 2001 and a date to be determined. The applicant served on active duty from 29 August 1997 to 28 August 2000. While he may be eligible for this award by virtue of being in the Selected Reserve after his separation from active duty on 28 August 2000, he did not meet the criteria for this award while on active duty, which means it cannot be added to his DD Form 214 ending on 28 August 2000. 5. The applicant did not serve a qualifying period of service for award of the Global War on Terrorism Service Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days, are authorized the Global War on Terrorism Service Medal. The applicant was separated from the Regular Army on 28 August 2000. He was never activated while a member of the ARNG. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006434 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006434 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2