IN THE CASE OF:	

		BOARD DATE:	    7 January 2010

		DOCKET NUMBER:  AR20090013497 


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 (Report of Separation from Active Duty) for the period ending 30 June 1976 to show award of the Meritorious Service Medal.

2.  The applicant states that he was awarded the Meritorious Service Medal on 8 April 1976 by Headquarters, U.S. Army Training and Doctrine Command, General Orders Number 136, dated 8 April 1976.

3.  The applicant provides a copy of his DD Form 214 for the period ending 30 June 1976 and General Orders Number 136, dated 8 April 1976.

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 completed prior service in the Navy, U.S. Marine Corps, and the Army National Guard.  He enlisted in the Regular Army on 13 November 1959 and continued to serve on active duty through a series of reenlistments.  He completed a tour of duty in Korea from 31 July 1968 through 30 August 1969.

3.  Headquarters, U.S. Army Training and Doctrine Command, Fort Monroe, VA, General Orders Number 136, dated 8 April 1976, show the applicant was awarded the Meritorious Service Medal for meritorious service from 9 August 1975 to 30 June 1976.

4.  At the completion of 20 years of service, the applicant retired from active duty on 30 June 1976.  His DD Form 214 for the period ending 30 June 1976 does not show the Meritorious Service Medal as an authorized award.

5.  Army Regulation 600-8-22 (Military Awards) states that 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Meritorious Service Medal in April 1976.  Therefore, this award should be added to his DD Form 214 for the period ending 30 June 1976.

2.  The applicant's service personnel records show he served in Korea from 31 July 1968 through 30 August 1969.  Therefore, he served a period of qualifying service for award of the Korea Defense Service Medal and this award should be added to his DD Form 214 for the period ending 30 June 1976.

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 his DD Form 214 for the period ending 30 June 1976 to add award of the Meritorious Service Medal and the Korea Defense Service Medal.



      ___________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)                                         AR20090013497



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ABCMR Record of Proceedings (cont)                                         AR20090013497



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