RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 JUNE 2005
      DOCKET NUMBER:  AR20040006653


      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. William Powers                |     |Chairperson          |
|     |Ms. Karen Fletcher                |     |Member               |
|     |Mr. Kenneth Wright                |     |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 her 1999 separation document be corrected
to reflect award of two Meritorious Service Medals.  She also requests, in
effect, that item 28 (narrative reason for separation) be corrected to show
that she was permanently retired by reason of physical disability.

2.  The applicant states that although she was placed on the TDRL
(Temporary Disability Retired List) in 1999 she was “moved to the Permanent
Retirement List” in November 2000.

3.  She states that her separation document reflects the Meritorious
Service Medal she received in 1996 but not the second one she received in
1999 after her separation document had already been completed.

4.  The applicant provides a copy of her 1999 Meritorious Service Medal
order and a copy of the November 2000 orders removing her from the TDRL and
showing that she was permanently retired by reason of physical disability.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 June 1999.  The application submitted in this case is
dated
24 August 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 entered
active duty on 6 April 1989.  Orders contained in her file confirm that she
was awarded her first Meritorious Service Medal in recognition of her
meritorious service between 26 September 1994 and 30 June 1996.  The United
States Army Reserve Command issued the orders confirming her award.

4.  Orders issued at Fort Gordon, Georgia on 26 April 1999 confirmed her
second award of the Meritorious Service Medal.
5.  On 1 June 1999 the applicant was honorably discharged and her name was
placed on the TDRL the following day.  Item 28 on her separation document
reflects “Disability, Temporary.”  Her name was removed from the TDRL and
she was permanently retired by reason of physical disability on 30 November
2000.  Orders issued on 30 November 2000 by the United States Army Physical
Disability Agency confirmed that the applicant was permanently retired by
reason of physical disability.

6.  Army Regulation 635-5, which prescribes the policies and procedures for
the preparation of separation documents, states that Department of Defense
Forms 214 are issued to capture information associated with an individual’s
period of active Federal service and are issued only when an individual is
released, or discharged from active duty.  It notes that a Department of
Defense Form 214 is not issued when a person is removed from the TDRL.

7.  The applicant’s 1999 separation document indicates that she was awarded
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 exercises 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.

10.  The applicant served in Korea between November 1991 and December 1992.


DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded two Meritorious
Service Medals.  Her records should be corrected accordingly.

2.  The evidence also confirms that she is entitled to the Korea Defense
Service Medal.

3.  The entry in item 28 on the applicant’s separation document is correct
and the fact that she was subsequently permanently retired is not a basis
to change the reason for her 1999 discharge from active duty.  The orders
issued in November 2000, which permanently retired the applicant by reason
of physical disability, are sufficient to confirm her current status.  A
correction to item 28 on her 1999 separation is not required and creates no
error or injustice.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WP___  ___KF __  ___KW __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  that she was awarded two Meritorious Service Medals; and


      b.  that she is entitled to the Korea Defense Service Medal.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing item 28 on her 1999 separation document to show that she was
permanently retired by reason of physical disability.




                            _____William Powers______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006653                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050607                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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