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ARMY | BCMR | CY2003 | 2003091352C070212
Original file (2003091352C070212.doc) Auto-classification: Approved





                            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.                      |                                        |


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