RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 August 2005
      DOCKET NUMBER:  AR20040010325


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 he be awarded the Korea Defense Service
Medal (KDSM) and the National Defense Service Medal (NDSM).

2.  The applicant states, in effect, that he was not aware of the awards in
order to apply.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 October 1964.  The application submitted in this case is
dated 10 November 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 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.  He enlisted in Louisville, Kentucky, on 6 March 1958 for a period of 3
years.  He completed his basic combat training at Fort Knox, Kentucky and
his advanced individual training (AIT) at Fort Sill, Oklahoma.  Upon
completion of his AIT he was transferred to Korea on 9 October 1958.  He
remained in Korea until 8 November 1959, when he was transferred to Fort
Bliss, Texas.

4.  He remained at Fort Bliss until he was released from active duty
(REFRAD) under honorable conditions on 27 February 1961.  He had served 2
years, 11 months and 21 days of total active service.  His report of
separation (DD Form 214) shows that his only awards were marksmanship
badges.

5.  On 13 October 1961, he again enlisted for a period of 3 years under the
airborne enlistment option.  He completed his advanced individual training
at Fort Jackson, South Carolina, and his airborne training at Fort Benning,
Georgia, before being assigned to Fort Campbell, Kentucky, for duty as a
rifleman.

6.  He remained at Fort Campbell until he was honorably discharged on
12 October 1964, due to the expiration of his term of service.  He had
served 5 years, 10 months and 22 days of total active service during both
of his enlistments and his DD Form 214 issued at the time of his discharge
shows that he was awarded the Parachutist Badge and a marksmanship badge.

7.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part,
that the National Defense Service Medal (NDSM) was established by Executive
Order 10448 dated 22 April 1953 and is awarded for honorable active service
for any period between 27 June 1950 to 27 July 1954 and 1 January 1961 to
14 August 1974.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the KDSM.  This message
specified criteria for award of the KDSM 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 area;  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was on active duty on 1 January 1961 when the NDSM was
authorized.  Accordingly, he should have been awarded the NDSM at the time
of his REFRAD on 27 February 1961 or on his discharge on 12 October 1964.

2.  Accordingly, it would be in the interest of justice to award him the
NDSM at this time.

3.  Although the KDSM was not authorized until 2004, the applicant served
in Korea from October 1958 to November 1959, which is after the initial
eligibility date of 28 July 1954.  Therefore he is eligible to be awarded
the KDSM and to have it added to his records at this time.


BOARD VOTE:

__mhm___  __jtm___  __jbg___  GRANT 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 awarding him the NDSM and the KDSM and
adding them to his records at this time.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010325                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |115/NDSM                                |
|1.107.0069              |                                        |
|2.                      |kdsm                                    |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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