BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170004872 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: 24 October 2018 DOCKET NUMBER: AR20170004872 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 adding the Army Commendation Medal and 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 any relief in excess of that described above. _____________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: 24 October 2018 DOCKET NUMBER: AR20170004872 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 Commendation Medal (ARCOM) (5th Award), Army Achievement Medal (AAM) (11th Award), the Humanitarian Service Medal (HSM) and a Jumpmaster Badge (presumed to be requesting either the Senior or Master Parachutist Badge). He further requests military occupational specialty (MOS) 51B (Carpentry and Masonry Specialist) be added to his DD Form 214. 2. The applicant states he earned the awards; however, they are not listed on his DD Form 214. 3. The applicant provides a copy of his DD Form 214WS (DD Form 214 Worksheet). 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 1 September 1989. Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea for the period 22 August 1995 to 21 August 1996. 3. The applicant's Official Military Personnel File (OMPF) contains evidence of an ARCOM (Permanent Order Number 18-17) and 5 AAMs. 4. On 31 May 2002, the applicant was honorably discharged. He completed 12 years and 9 months net active service with 1 year of foreign service during this period. The DD Form 214 he was issued shows he was awarded the: * Army Lapel Button * AAM (8th Award) * Army Superior Unit Award * Army Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge 5. Item 11 (Primary Specialty) of his DD Form 214 lists PMOS 13B (Cannon Crewmember) and 51B. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: 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 AAM is awarded to members 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. The HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense (DoD) approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. d. The Senior Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months. e. The Master Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months. f. The Korea Defense Service Medal was established by the National Defense Authorization Act of 2003, Public Law 107-314. It 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. The criteria for this award is a Soldier must have been assigned, attached or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show award of the ARCOM (5th Award), AAM (11th Award), HSM and a Jumpmaster Badge (presumed to be requesting either the Senior or Master Parachutist Badge), as well as adding MOS 51B to item 11. 2. Item 11 of his DD Form 214 already reflects MOS 51B; therefore, there is no corrective action necessary. 3. The applicant's OMPF contains permanent orders for an ARCOM and 5 AAMs. His DD Form 214 shows award of the AAM (8th Award). There is no evidence in the available records that shows the applicant was recommended for or awarded the ARCOM (5th Award) or the AAM (11th Award). 4. The ARCOM he was awarded was not recorded on his DD Form 214. 5. Based on the evidence located in his OMPF, the applicant completed a period of qualifying service for award of the KDSM. 6. The available records do not confirm that he participated in a DoD approved significant military act or operation of a humanitarian nature to merit award of the HSM. 7. The available records do not show he completed the requirements for either the Senior or Master Parachutist Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004872 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004872 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2