RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050001768


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Joint
Meritorious Unit Award (JMUA) and the Korea Defense Service Medal (KDSM).

2.  The applicant states he retired prior to the creation and issuance of
these decorations and he only recently learned about these awards.

3.  The applicant provides a copy of a memorandum for distribution, which
includes an excerpt from Department of Defense Awards Memorandum 03-381,
dated 10 December 2003 and Human Resources Command Message, dated
9 February 2004 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 2000.  The application submitted in this case is dated
25 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 entered enlisted in the Army on 16 November 1978 and
served continuously on active duty until his retirement on 31 March 2000.
His DD Form 214 shows he was honorably separated after completing a total
of 21 years,
4 months, and 15 days of active military service and he retired in the rank
of sergeant first class.

4.  The applicant’s DD Form 214 in item 13 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) does
not list the JMUA or the KDSM.

5.  The applicant’s military personnel record contains no orders, or other
documents indicating the applicant was entitled to or recommended for the
JMUA.

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record) does not
show in item 9 (Awards, Decorations, and Campaigns) the JMUA as an
authorized award.  The DA Form 2-1 also shows that he was assigned to 748th
Military Intelligence (MI) Battalion at Kelly Air Force Base from 4
February 1999 until his retirement on 31 March 2000.

6.  The applicant provided a memorandum from the 314th Military
Intelligence Battalion, San Antonio, Texas, dated 15 March 2004.  This
memorandum stated that its purpose was to outline the criteria for the
314th Military Intelligence Battalion Soldiers for the JMUA.  The
memorandum further stated that the JMUA was awarded to the National
Security Agency (NSA) by the Secretary of Defense for exceptionally
meritorious service from 1 June 1999 to 1 June 2002.

7.  The applicant’s former unit, the 748th MI Battalion, was renamed to the
314th MI Battalion on 16 June 2000.  A Board staff member contacted the
314th
MI Battalion to obtain clarification regarding the 15 March 2004 awards
memorandum.  Army officials at the 314th MI Battalion stated that this
memorandum was distributed prematurely and the JMUA has not been
authorized.  The unit is currently conducting research to determine if this
award will be authorized in the future.

8.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the JMUA is awarded in the name
of the Secretary of Defense and is intended to recognize joint units and
activities for meritorious achievement or service, superior to that which
is normally expected.  All joint units and activities are eligible for
award of the JMUA in recognition of exceptionally meritorious conduct in
the performance of outstanding service.

9.  The Secretary of Defense approved the implementing instructions and
criteria for the KDSM on 3 February 2004.  The KDSM 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 claim of entitlement to the KDSM was carefully
considered and found to have merit.  The KDSM was authorized for service in
Korea after
28 July 1954.  The evidence of record in this case confirms the applicant
served in Korea from 27 July 1979 to 25 July 1980.  As a result, it would
be appropriate to add the KDSM to his record and DD Form 214 at this time.




2.  The applicant’s claim of entitlement to the JMUA was also considered
and
found to be without sufficient merit.  The applicant provided a memorandum
from the Military Intelligence Battalion dated 15 March 2004, (4 years
after his
separation from active duty) awarding the JMUA to the NSA.  However, Army
officials at 314th MI Battalion advise that this memorandum was distributed
prematurely and the award is not authorized at this time.  Therefore, there
is insufficient evidence upon which to base this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JNS __  __LGH __  __MJF __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 award of the
Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Joint Meritorious Unit Award.




                                 __  John N. Slone  __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001768                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT-partial)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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