RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040011548


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric Anderson                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty), with a separation date of 31 December 1988, be
corrected to show the award of the Meritorious Service Medal (MSM), the
Korea Defense Service Medal, and the NCO Professional Development Ribbon
(NCOPDR).

2.  The applicant states that his awards were not listed on the DD Form
214.

3.  The applicant provides a DD Form 214 and Headquarters, US Army Air
Defense Artillery Center Permanent Orders 226-1, dated 23 November 1988.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1988.  The application submitted in this case is
dated 13 December 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 initially entered active duty in 1964.  Through a series
of enlistments and reenlistments he attained the rank of sergeant first
class.   The applicant served tours in Korea and Germany before retiring in
1988 with 24 years of service.

4.  Headquarters US Army Air Defense Artillery Center Permanent Orders 226-
1, dated 23 November 1988 awarded the applicant the MSM for meritorious
service for the period 21 February 1986 through 31 December 1988.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that
the applicant served in Korea from 14 October 1978 through 23 November 1979
with the 23rd Infantry Regiment of the 2nd Infantry Division.

6.  Item 14 (Military Education) of the applicant's DD Form 214 shows that
he completed the Advanced Noncommissioned Officer Course (ANCOC) in 1982.

7.  Army Regulation 600-8-22 shows that the NonCommissioned Officer
Professional Development Ribbon was established by the Secretary of the
Army on 10 April 1981.  It is awarded to members of Active Army, Army
National Guard, and US Army Reserve soldiers for successful completion of
satisfactory completion of the respective NCOES or RC–NCOES courses as
follows: (1) Primary level — Primary NCO Course, Combat Arms (PNCOC),
Primary Leadership Course (PLC), Primary Technical Courses (Service
School—PTC), and Primary Leadership Development Course (PLDC)for award of
the basic ribbon. (2) Basic level—Basic NCO Course, Combat Arms (BNCOC),
Basic Technical Courses (Service School—BTC), and Basic NCO Course
(CS/CSS–BNCOC) for award of numeral 2. (3) Advanced level—Advanced NCO
Courses (Service School—ANCOC) for award of numeral 3. (4) Senior
level—U.S. Army Sergeants Major Academy (USASMA) for award of numeral 4.

8.  Army Human Resources Command Message, dated 9 February 2004, published
implementing instructions for award of the Korea Defense Service Medal
(KDSM).  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.

DISCUSSION AND CONCLUSIONS:

1.  Based on permanent orders the applicant is entitled to the MSM.
Therefore, his records should be corrected to show this award.

2.  Based on a qualifying period of service the applicant is entitled to
the KDSM.  Therefore, his records should be corrected to show this award.

3.  Based on the applicant's completion of the Advanced Noncommissioned
Officer Course he is entitled to award of the NCOPDR with numeral 3.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1988; therefore the time
for the applicant to file a request for correction of any error or
injustice expired on 30 December 1991.  The applicant did not file within
the 3-year statute of limitations, however, the applicant has
satisfactorily demonstrated through submission of relevant evidence that it
would be in the interest of justice to excuse failure to timely file.

BOARD VOTE:

____JS__  ___EA__  ____CK__  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 the award of the Meritorious
Service Medal, the Korea Defense Service Medal and the NCO Professional
Development Ribbon with numeral 3.




                            ______John Slone________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011548                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/15                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0017.0000                           |
|2.                      |107.0070.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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