RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 APRIL 2005
DOCKET NUMBER: AR20040004450
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. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond Wagner | |Chairperson |
| |Mr. Larry Bergquist | |Member |
| |Mr. Larry Olson | |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 record be corrected to show award of
the Korea Defense Service Medal and the National Defense Service Medal.
2. The applicant states that he meets the criteria for those awards.
3. The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), a copy of a certificate showing
award of the Army Achievement Medal, and a copy of a certificate titled,
“The Imgin Scout Certificate.”
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 5 December 1990. The application submitted in this case
is dated 5 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. The applicant enlisted in the Army for four years on 6 September 1989,
trained as an infantryman, and in January 1990 was assigned to Company C,
2nd Battalion, 503d Infantry in Korea. In November 1990 the applicant was
diagnosed with a personality disorder. His commanding officer recommended
that he be discharged from the Army. The request was approved by the
separation authority. The applicant returned to the United States and was
discharged with an honorable characterization of service on 5 December
1990.
4. 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.
5. The National Defense Service Medal is awarded for honorable active
service for any period between 2 August 1990 and 25 November 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicant meets the criteria for award of the Korea Defense Service
Medal and the National Defense Service Medial.
2. The applicant’s record should be corrected to reflect these two awards.
BOARD VOTE:
___RW__ ___LB___ ___LO __ 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 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 by showing award of the Korea Defense
Service Medal and the National Defense Service Medal.
____ Raymond Wagner____
CHAIRPERSON
INDEX
|CASE ID |AR20040004450 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050419 |
|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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