RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040004350


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that his records be corrected to reflect a
second award of the Meritorious Service Medal and the Korea Defense Service
Medal.

2.  The applicant states the awards are not reflected on his 1978
separation document.

3.  The applicant provides a copy of his separation document and a copy of
the order awarding him his second Meritorious Service Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1978.  The application submitted in this case
is dated
13 July 2004.

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.  Records available to the Board indicate that the applicant served an
initial period of active duty with the United States Navy and in February
1961 entered active duty as a member of the Army.  He served continuously
until his retirement for length of service on 31 August 1978.

4.  Between September 1970 and October 1971 the applicant performed duties
as a platoon sergeant with the United States Army Missile Command in Korea.

5.  In November 1976 he was awarded his first Meritorious Service Medal for
meritorious service during the period 27 October 1973 to 10 December 1976.
Orders issued by the United States Army Southern European Task Force in
Italy, confirmed the award.

6.  In June 1978 the applicant was awarded his second Meritorious Service
Medal.  This award recognized his meritorious service during the period 5
April 1977 to 31 August 1978.  Orders issued at Fort Polk, Louisiana
confirmed the award.

7.  The applicant’s 1978 separation document reflects entitlement to only
one Meritorious Service Medal.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) 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 areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

9.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria;  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercise conducted in the area of eligibility as long as the
basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded two awards of the
Meritorious Service Medal.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant served in Korea and meets
the eligibility criteria for award of the Korea Defense Service Medal.  His
records should be corrected to reflect that medal.


BOARD VOTE:

___MM__  ___TO __  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ___JM __  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 all Department of the Army records of the
individual concerned be corrected:

      a.  by showing that he was awarded two awards of the Meritorious
Service Medal; and


      b.  by showing that he is entitled to the Korea Defense Service Medal.






                            ______Mark Manning________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004350                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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