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ARMY | BCMR | CY2005 | 20050001559C070206
Original file (20050001559C070206.doc) Auto-classification: Approved



                            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.                      |                                        |


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