ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20180012569 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by: * deleting the Defense Distinguished Service Medal and Antarctica Service Medal * adding the Defense Meritorious Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Defense Meritorious Service Medal Certificate and Citation FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant requests that the Defense Meritorious Service Medal be added to his DD Form 214. He request that the Defense Distinguished Service Medal and the Antarctica Service Medal be removed because he did not receive those awards. 3. The available evidence is sufficient as a basis for administratively correcting his DD Form 214 by adding the Defense Meritorious Service Medal. Therefore, the Board will not address this award. The Board will address removing the Defense Distinguished Service Medal and Antarctica Service Medal from his DD Form 214. 4. The applicant retired on 31 January 2002 after completing over 34 years of active duty service. 5. His record is void of documentation indicating he served in Antarctica or in support of U.S. programs in Antarctica. The criteria for award of the Antarctica Service Medal require a Soldier to have been physically present in Antarctica or to have been on a ship operating south of latitude 60 degrees S. in support of U.S. programs in Antarctica. 6. His record is void of documentation showing he was awarded the Defense Distinguished Service Medal. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions were carefully considered. Based upon the preponderance of evidence, the Board agreed to remove the two service award from his separation document. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 deleting the deleting the Defense Distinguished Service Medal and the Antarctica Service Medal from his DD Form 214 for the period ending 31 January 2002. 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. ADMINISTRATIVE NOTE(S): The applicant's record contains orders awarding him the Defense Meritorious Service Medal. Add the Defense Meritorious Service Medal to his DD Form 214 for the period ending 31 January 2002. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states the Defense Meritorious Service Medal was established by Executive Order 12019, 3 November 1977. It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 3 November 1977, distinguished themselves by noncombat meritorious achievement or service. 3. Army Regulation 600-8-22 paragraph 2-3 states the Defense Distinguished Service Medal was established by Executive Order 11545, 9 July 1970. It is awarded by the Secretary of Defense to officers of the Armed Forces of the United States whose exceptional performance of duty and contributions to national security or defense have been at the highest levels. 4. Army Regulation 600-8-22 states the Antarctica Service Medal is awarded to any person who, after 2 January 1946 and before a date to be announced, meets any of the following qualifications: a. Any member of the Armed Forces of the United States or civilian citizen, national, or resident alien of the United States who is a member of a direct support or exploratory operation in Antarctica. b. Any member of the Armed Forces of the United States or civilian citizen, national, or resident alien of the United States who participates in or has participated in a foreign Antarctica expedition in Antarctica in coordination with a United States expedition and who is or was under the sponsorship and approval of competent U.S. Government authority. c. Any member of the Armed Forces of the United States who participates in or has participated in flights as a member of the crew of an aircraft flying to or from the Antarctica continent in support of operations in Antarctica. d. Any member of the Armed Forces of the United States or civilian citizen, national, or resident alien of the United States who has served on a ship operating south of latitude 60 degrees S. in support of U.S. programs in Antarctica. e. Any person, including citizens of foreign nations, not fulfilling any of the above qualifications, but who participates in or has participated in a United States expedition in Antarctica at the invitation of a participating United States Agency. In such cases, the award will be made by the Secretary of the Department under whose cognizance the expedition falls, provided the commander of the military support force, as the senior U.S. representative in Antarctica, considers that the individual has performed outstanding and exceptional service and shared the hardships and hazards of the expedition. //NOTHING FOLLOWS//