IN THE CASE OF: BOARD DATE: 12 November 2009 DOCKET NUMBER: AR20090009193 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, that the Republic of Korea Presidential Unit Citation (ROKPUC) and Korea Defense Service Medal (KDSM) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, that based on his service in the 7th Infantry Division in Korea he is eligible for the KDSM and ROKPUC. 3. The applicant provides a Congressional Inquiry with enclosures, Internet documents, 7th Infantry Division letters and certificate, Korean identification card, and DD Form 214 in support of his application. 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 military record shows he was inducted into the Army of the United States and entered active duty on 27 March 1968 and that he was trained in and awarded military occupational specialty 11H (Infantry Indirect Fire Crewman). His record also shows he was promoted to specialist four (SP4) on 13 May 1969, and that this is highest rank he attained while serving on active duty. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the ROK from 10 September 1968 to 30 October 1969. It also shows that during his ROK tour he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 32nd Infantry Regiment, 7th Infantry Division. 4. On 24 May 1970, the applicant was honorably released from active duty (REFRAD), in the rank of SP4, after completing 2 years of active military service. Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned National Defense Service Medal (NDSM) and Armed Forces Expeditionary Medal (AFEM)-Korea during his tenure on active duty. 5. The applicant submitted letters indicating that he had a request for the Combat Infantryman Badge (CIB) pending at the Army Human Resources Command, Military Awards Branch. This request has yet to be acted on and will not be addressed further in this Record of Proceedings. 6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-20 of the awards regulation provides that the KDSM is authorized to be awarded to members who served on active duty in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954, to a date to be determined. 7. Department of the Army General Orders (DAGO) Number 50, dated 9 November 1971, authorized the award of the ROKPUC to all personnel assigned to the 7th Infantry Division from August 1945 to December 1948 and from 17 September 1950 to 27 March 1971. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he is eligible for the ROKPUC and KDSM based on his service in Korea with the 7th Infantry Division was carefully considered and found to have merit. 2. The evidence of record shows the ROKPUC was awarded to the 7th Infantry Division for service in Korea between August 1945 and December 1948 and from 17 September 1950 to 27 March 1971 and was authorized and announced in DAGO Number 50, dated 9 November 1971. It also shows that the KDSM is authorized to be awarded for qualifying service in Korea after 28 July 1954, to a date to be determined. The evidence further shows the applicant served in Korea with the 7th Infantry Division from 10 September 1968 to 30 October 1969 and as a result he is eligible for both of these awards. Therefore, it would be appropriate to add them to his record and DD Form 214 at this time. BOARD VOTE: ____x____ ____x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending Item 24 of his DD Form 214 by adding the Republic of Korea Presidential Unit Citation and Korea Defense Service Medal; and by providing him a correction to his DD Form 214 that includes these changes. _______ _ _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) AR20090009193 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009193 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1