RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 December 2005 DOCKET NUMBER: AR20050001768 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Prevolia A. Harper Analyst The following members, a quorum, were present: Mr. John N. Slone Chairperson Mr. Leonard G. Hassell Member Mr. Michael J. Flynn Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, 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 Joint Meritorious Unit Award (JMUA) and the Korea Defense Service Medal (KDSM). 2. The applicant states he retired prior to the creation and issuance of these decorations and he only recently learned about these awards. 3. The applicant provides a copy of a memorandum for distribution, which includes an excerpt from Department of Defense Awards Memorandum 03-381, dated 10 December 2003 and Human Resources Command Message, dated 9 February 2004 in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 31 March 2000. The application submitted in this case is dated 25 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant entered enlisted in the Army on 16 November 1978 and served continuously on active duty until his retirement on 31 March 2000. His DD Form 214 shows he was honorably separated after completing a total of 21 years, 4 months, and 15 days of active military service and he retired in the rank of sergeant first class. 4. The applicant’s DD Form 214 in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the JMUA or the KDSM. 5. The applicant’s military personnel record contains no orders, or other documents indicating the applicant was entitled to or recommended for the JMUA. 5. The applicant’s DA Form 2-1 (Personnel Qualification Record) does not show in item 9 (Awards, Decorations, and Campaigns) the JMUA as an authorized award. The DA Form 2-1 also shows that he was assigned to 748th Military Intelligence (MI) Battalion at Kelly Air Force Base from 4 February 1999 until his retirement on 31 March 2000. 6. The applicant provided a memorandum from the 314th Military Intelligence Battalion, San Antonio, Texas, dated 15 March 2004. This memorandum stated that its purpose was to outline the criteria for the 314th Military Intelligence Battalion Soldiers for the JMUA. The memorandum further stated that the JMUA was awarded to the National Security Agency (NSA) by the Secretary of Defense for exceptionally meritorious service from 1 June 1999 to 1 June 2002. 7. The applicant’s former unit, the 748th MI Battalion, was renamed to the 314th MI Battalion on 16 June 2000. A Board staff member contacted the 314th MI Battalion to obtain clarification regarding the 15 March 2004 awards memorandum. Army officials at the 314th MI Battalion stated that this memorandum was distributed prematurely and the JMUA has not been authorized. The unit is currently conducting research to determine if this award will be authorized in the future. 8. Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the JMUA is awarded in the name of the Secretary of Defense and is intended to recognize joint units and activities for meritorious achievement or service, superior to that which is normally expected. All joint units and activities are eligible for award of the JMUA in recognition of exceptionally meritorious conduct in the performance of outstanding service. 9. The Secretary of Defense approved the implementing instructions and criteria for the KDSM on 3 February 2004. The KDSM is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant’s claim of entitlement to the KDSM was carefully considered and found to have merit. The KDSM was authorized for service in Korea after 28 July 1954. The evidence of record in this case confirms the applicant served in Korea from 27 July 1979 to 25 July 1980. As a result, it would be appropriate to add the KDSM to his record and DD Form 214 at this time. 2. The applicant’s claim of entitlement to the JMUA was also considered and found to be without sufficient merit. The applicant provided a memorandum from the Military Intelligence Battalion dated 15 March 2004, (4 years after his separation from active duty) awarding the JMUA to the NSA. However, Army officials at 314th MI Battalion advise that this memorandum was distributed prematurely and the award is not authorized at this time. Therefore, there is insufficient evidence upon which to base this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __JNS __ __LGH __ __MJF __ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Korea Defense Service Medal. 2. The Board further determined that 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 the Joint Meritorious Unit Award. __ John N. Slone __ CHAIRPERSON INDEX CASE ID AR20050001768 SUFFIX RECON YYYYMMDD DATE BOARDED 20051214 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (GRANT-partial) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.