RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 03 NOVEMBER 2005
DOCKET NUMBER: AR20050000993
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. Thomas Howard | |Chairperson |
| |Mr. John Infante | |Member |
| |Ms. Carmen Duncan | |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 show award of
the Republic of Korea War Service Medal (ROKWSM).
2. The applicant states he received the ROKWSM in 2000.
3. The applicant provides a DD Form 214 (Report of Separation from the
Armed Forces of the United States), with an effective date of separation of
13 November 1953; a DD Form 215 (Correction to DD Form 214), dated 27
January 2004; and a letter from the President of the Republic of Korea,
dated 25 June 2000.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 25 June 2000. The application submitted in this case is dated
14 January 2005.
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 previously applied to this board for various corrections
of his records. On 24 June 2003 the board granted relief with the
exception of the ROKWSM. The applicant was advised to apply to the Air
Force Personnel Center, Randolph Air Force Base, Texas for this award and
upon approval he may reapply to this board to add this foreign award to
this DD Form 214.
4. A staff member of the ABCMR contacted the Air Force Personnel Center,
Randolph Air Force Base concerning this issue. The Air Force Recognition
Branch has verified that the applicant is entitled to the ROKWSM and was
issued this medal in September 2000.
DISCUSSION AND CONCLUSIONS:
1. The applicant's entitlement to this award has been verified, therefore
his records should be corrected by showing award of the ROKWSM.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 June 2000, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 24 June 2003. Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on submission of evidence
showing that it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:
___TH___ ____JI __ ___CD__ 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 that he was awarded the
Republic of Korea War Service Medal and to have this award added to his
separation document.
_____Thomas Howard_________________
CHAIRPERSON
INDEX
|CASE ID |AR20050000993 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051103 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |19531118 |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0000.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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