RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 August 2005
DOCKET NUMBER: AR20050001559
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Paul Smith | |Chairperson |
| |Ms. Yolanda Maldonado | |Member |
| |Mr. Leonard Hassell | |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Meritorious
Unit Commendation (Navy) and the Korean Defense Service Medal.
2. The applicant states he was separated from the service prior to award
of the Meritorious Unit Commendation (Navy) and that the Korean Defense
Service Medal is a newly authorized medal.
3. The applicant provides no evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred
on
20 July 1989. The application submitted in this case is dated 21 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 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. The applicant enlisted on 22 June 1984, served as a practical nurse and
was honorably discharged on 20 July 1989.
4. The applicant’s DD Form 214 does not show the Meritorious Unit
Commendation (Navy) or the Korean Defense Service Medal as authorized
awards.
5. The applicant’s DA Form 2166-7 (Noncommissioned Officer Evaluation
Report) covering the period September 1988 to July 1989 shows he was
assigned to the 121st Evacuation Hospital in Korea.
6. The Military Awards Branch Army Numerical Unit Listing shows the
applicant's unit (121st Evacuation Hospital, Institute of Surgical
Research) was cited for
award of the Meritorious Unit Commendation (Navy) for actions during the
period
20 March 1989 to 23 March 1989 based on Department of the Army General
Order Numbers 6 and 15, dated 1990.
7. The Secretary of Defense approved the implementing instructions and
criteria for the Korean Defense Service Medal on 3 February 2004. The
Korean Defense Service Medal is authorized to members of the Armed Forces
who have served on active duty in support of the defense of the Republic of
Korea from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit was cited for award of the Meritorious Unit
Commendation (Navy) while he was assigned to it.
2. The applicant served a period of qualifying service for award of the
Korean Defense Service Medal.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 July 1989; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 19 July 1992. The applicant did not file within the 3-
year statute of limitations; however, based on the evidence provided it
would be in the interest of justice to excuse failure to timely file in
this case.
BOARD VOTE:
PS_____ YM_____ LH______ 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. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 to show that he was awarded the Meritorious Unit
Commendation (Navy) and the Korean Defense Service Medal.
____Paul Smith________
CHAIRPERSON
INDEX
|CASE ID |AR20050001559 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050830 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0034 |
|2. |107.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2005 | 20050001559C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20050001559 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. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation (Navy) and the Korean Defense Service Medal. The Korean...
ARMY | BCMR | CY2003 | 2003085092C070212
There is no evidence available to the Board which shows the dates in which the applicant served during the Korean War. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. Therefore, the Board has determined that it would be appropriate to correct the applicant's DD Form 214 to show the Korean Service Medal with two bronze service...
ARMY | BCMR | CY2008 | 20080004938
The evidence of record shows that the applicant served a qualifying period for award of the Korea Defense Service Medal. Therefore, there is sufficient evidence that shows the applicant served in Korea during this period and is thus entitled to award of the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the Korea Defense Service Medal, the Republic of Vietnam Gallantry Cross...
ARMY | BCMR | CY2014 | 20140007127
The applicant's military service records are not available to the Board for review. There are no orders or other evidence in the applicant's available military service records that shows he was awarded the Purple Heart. Evidence shows that the applicant's records contain an administrative error which does not require action by the Board.
ARMY | BCMR | CY2005 | 20050003436C070206
The applicant requests correction of his records to show all unit awards, to which he is entitled, while he was assigned to the 176th Armored Field Artillery Battalion during the Korean War. The applicant’s military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.
ARMY | BCMR | CY2005 | 20050000749C070206
His DD Form 214 shows award of the Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the 4th award of the Good Conduct Medal. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by...
ARMY | BCMR | CY2012 | 20120013199
His available record does not contain orders for the Purple Heart and is void of documentation that shows he was wounded in action during his service in the Republic of Korea. The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart for wounds he received in the Korean War. There is no evidence in the applicant's record and he has not provided any evidence that shows he was awarded the Purple Heart or that he was wounded or injured as a result of hostile...
ARMY | BCMR | CY2014 | 20140014690
The applicant contends that his records should be corrected to show his POW status and that he was awarded the POW Medal and the PH. The photographs offer insufficient evidence to support the applicant's claim that he was a POW. The applicant's military service records fail to show he was held POW.
ARMY | BCMR | CY2009 | 20090008502
He also requests, in effect, that his Enlisted Record Brief (ERB) be corrected to reflect the actual dates and length of time of his service in Korea. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. He was subsequently evacuated as a result of his injuries and according to the applicable...
ARMY | BCMR | CY2010 | 20100030338
Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he served in USARV for 4 years, 5 months, and 3 days; c. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Meritorious Unit Commendation, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with (1960) Device, and six Overseas Service Bars. Army Regulation 600-8-22 (Military Awards)...