RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 January 2004
DOCKET NUMBER: AR2003091352
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 |
| |Mr. Eric S. Moore | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen A. Newman | |Chairperson |
| |Ms. Linda M. Barker | |Member |
| |Mr. John T. Meixell | |Member |
The applicant and counsel if any, did not appear before the Board.
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 the second award of the
Meritorious Service Medal (MSM).
2. The applicant states, in effect, that the second award of the MSM
should be added to his DD Form 214.
3. The applicant provides a copy of his DD Form 214 for the period ending
28 February 1971, orders awarding him the first MSM dated 8 December
1969 for the period of 23 March 1969 to 7 September 1969, and a certificate
awarding him the MSM (First Oak Leaf Cluster) for the period of 9 October
1969 to 28 February 1971.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on
28 February 1971. The application submitted in this case is dated
15 May 2003.
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 limitation 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. After having had prior enlisted service, the applicant was commissioned
and entered active duty on 17 March 1952.
4. The applicant retired on 28 February 1971. His DD Form 214 shows one
MSM as an authorized award. It also shows he was awarded the Korean
Service Medal and the United Nations Service Medal.
5. The applicant provided a certificate dated 28 February 1971. This
document shows he was awarded the MSM (First Oak Leaf Cluster) as an end of
tour award for meritorious service for the period 9 October 1969 to 28
February 1971.
6. As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world. On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided
at no cost to veterans. The Department of Defense assigned responsibility
to the Department of the Air Force for distribution of the Korean War
Service Medal to eligible veterans or their surviving next of kin. To
apply, veterans must submit a copy of their discharge paper (DD Form 214)
to the Awards and Decorations Section, Headquarters, Air Force Personnel
Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-
4714. A sample request form is being provided to the applicant. Once the
Korean War Service Medal has been authorized by the Department of the Air
Force, the applicant may apply to the Army Board for Correction of Military
Records to add this foreign award to his DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was awarded a second award of
the MSM. Therefore, his DD Form 214 for the period ending 28 February 1971
should be amended to show the MSM (First Oak Leaf Cluster).
BOARD VOTE:
___KAN_ ___LB___ ___JTM_ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that the DD Form 214 for the period ending 28
February 1971 of the individual concerned be corrected by showing award of
the MSM (First Oak Leaf Cluster).
_KATHLEEN A. NEWNAN_
CHAIRPERSON
INDEX
|CASE ID |AR2003091352 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040108 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |19710228 |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |107.0017 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
ARMY | BCMR | CY2003 | 2003083378C070212
The applicant’s military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he was awarded the first award of the Good Conduct Medal for the...
ARMY | BCMR | CY2002 | 2002079910C070215
The applicant's records contain five discharge documents (DD Form 214). The Board considered the applicant's request to correct his records to show a second award Joint Service Commendation Medal. The Board noted that Pacific Command did not publish orders for the applicant's first award of the Joint Service Commendation Medal.
ARMY | BCMR | CY2002 | 2002072967C070403
The applicant was inducted into the Army on 26 January 1951, served in Korea with the 5 th Infantry Regiment, and was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. That all of the Department of...
ARMY | BCMR | CY2002 | 2002072019C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her DD Form 214.
ARMY | BCMR | CY2002 | 2002067704C070402
The applicant requests that his record be corrected to show award of the Meritorious Service Medal (MSM) and all other medals, decorations, and badges that he is entitled to. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for...
ARMY | BCMR | CY2003 | 03096859C070212
His 30 September 1969 DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart. The medical record that the applicant submits with his request shows that he was treated for an injury to his left hand as a result of a helicopter accident on 11 May 1966, sustaining a small laceration to the base of his index finger. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2003 | 2003084296C070212
At the time of the applicant’s final separation the regulation required listing of all awards and decorations for all periods of service. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. That all of the Department of the Army records related to this case be corrected by adding the following awards and decorations to the 5 October 1970 DD Form...
ARMY | BCMR | CY2004 | 20040002865C070208
The applicant requests that his records be corrected to note that he was twice wounded in action during the Korean War. The applicant states that he was wounded in action in Korea on 3 September 1951 and again on 8 October 1951, but only the 8 October 1951 wounding is annotated in the records. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his...
ARMY | BCMR | CY2004 | 2004102667C070208
The applicant requests, in effect, that his final separation document (DD Form 214), dated 20 January 1970, be corrected to reflect 1 year and 7 months of Vietnam service in Item 22c (Foreign and or Sea Service) and by including all his authorized awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Item 24 shows that during the period of active duty service documented by the DD Form 214, the applicant earned only the NDSM 1st...
ARMY | BCMR | CY2003 | 2003087368C070212
The applicant's reconstructed records show the applicant enlisted on 18 July 1950. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. Therefore, the applicant is entitled to an award of the Purple Heart and correction of item 29 on his DD Form 214 to show he was wounded on 12 February 1951 in Korea.