RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050002775


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 the Humanitarian Service Medal and the Good
Conduct Medal be added to his DD Form 214, Report of Separation from Active
Duty.

2.  The applicant provided no statement beyond his request that the
Humanitarian Service Medal and the Good Conduct Medal be added to his DD
Form 214.

3.  The applicant provides a copy of a letter, Subject:  Humanitarian
Service Medal, prepared by the Commander, 372nd Medical Detachment
(Dispensary), Houston, Texas, dated 11 June 1981, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 June 1976.  The application submitted in this case is
dated 26 January 2005 but was not received for processing until 17 February
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's military records show that he enlisted in the Regular
Army on 14 June 1973.  He served on active duty until he was honorably
released from active duty on 11 June 1976, in the rank and pay grade
Private First Class, E-3, at the expiration of his term of service.  On the
date of his release from active duty, the applicant had completed 2 years,
11 months, and 28 days active military service, with no lost time.

4.  After the applicant's release from active duty, he served in the U.S.
Army Reserve.  He served in this component until he was discharged on 1
February 1994. There is no evidence in the applicant's service record
that he was ordered to active duty or active duty for training
sufficiently long to have been issued a DD Form 214 in accordance with
regulations in effect at the time of his service after 11 June 1976.
5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar, the Armed Forces Expeditionary Medal (Korea), and the
National Defense Service Medal.  The Good Conduct Medal and the
Humanitarian Service Medal are not shown on the applicant's DD Form 214.

6.  Item 18f (Foreign and or Sea Service), of the applicant's DD Form 214,
shows that the applicant had 1 year and 17 days foreign and or seas
service.  Item 27 (Remarks), of this same form, shows that the applicant's
last overseas service was in the Republic of Korea.

7.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, shows that the applicant served in Korea
from 23 November 1974 through 9 December 1975.

8.  There are no orders in the applicant's service personnel records
awarding him the Good Conduct Medal.  A copy of the applicant's DA Form 20,
Enlisted Qualification Record, in particular, Item 39 (Record of
Assignments), is not available for review to determine the applicant's
eligibility for award of the Good Conduct Medal.

9.  There is no entry in Item 9 (Awards, Decorations and Campaigns), of the
applicant's DA Form 2-1, to show that he received the Good Conduct Medal
while he was a member of the Regular Army.

10.  The applicant was awarded the Humanitarian Service Medal on 11 June
1981.  The date this award was made is after the period covered by the
applicant's DD Form 214.

11.  Army Regulation (AR) 600-8-22 provides, in pertinent part, that the
Humanitarian Service Medal is awarded to members who distinguished
themselves by meritorious direct participation in a Department of Defense
approved significant military act or operation of a humanitarian nature.
A service member must be on active duty at the time of direct
participation, must have directly participated in the humanitarian act or
operation within the designated geographical area of operation and within
specified time limits, and must provide evidence that substantiates direct
participation.  The applicant provided a copy of a letter awarding him the
Humanitarian Service Medal for his participation in the Cuban Refugee
Operation.

12.  Army Human Resources Command Message (Date Time Group 9 February
2004) published implementing instructions for award of the Korea Defense
Service Medal.  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.

13.  The above implementing message also authorized award of the Korea
Defense Service Medal if a Soldier meets one or more of the following
criteria:  a) be engaged in actual combat during an armed engagement,
regardless of the time in the area of eligibility;  b) is wounded or
injured in the line of duty and requires medical evacuation from the area
of eligibility;  c) participates as a regularly assigned air crew member
flying sorties for 30 consecutive days or 60 nonconsecutive days into, out
of, within, or over the area of eligibility in support of military
operations; or  d) served in operations and exercises conducted in the area
of eligibility as long as the basic time criteria is met.  The message
further provided that, due to extensive time period for the Korea Defense
Service Medal eligibility, the non-consecutive service period for
eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records
awarding him the Good Conduct Medal.  A copy of the applicant's DA Form 20,
Enlisted Qualification Record, in particular, Item 38 (Record of
Assignments), is not available for review to determine the applicant's
eligibility for award of the Good Conduct Medal.  The applicant is
therefore not eligible for award of the Good Conduct Medal and to have it
added to his DD Form 214.

2.  The applicant was awarded the Humanitarian Service Medal on 11 June
1981, after the period covered by the applicant's DD Form 214.  Awards
earned after the effective date of the DD Form 214, in this case, the date
the applicant was released from active duty, are not entered retroactively
to the last issued DD Form 214; therefore, the applicant is ineligible to
have the Humanitarian Service Medal for his participation in the Cuban
Relief Operation of 1981 added to his DD Form 214, with an effective date
of 11 June 1976.

3.  The applicant served in the Republic of Korea from 23 November 1974
through 9 December 1975 while he was a member of the Regular Army.  He is
therefore entitled to award of the Korea Defense Service Medal and to have
it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ALR___  __MM___  __LDS__  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 adding the Korea
Defense Service Medal to the applicant's DD Form 214.

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
award of the Good Conduct Medal to the applicant and its addition to his DD
Form 214 and denial of the addition of the Humanitarian Service Medal,
which was awarded to the applicant subsequent to the effective date of his
DD Form 214 (11 June 1976).




                                  ___Melvin H. Meyer________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002775                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/27                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   121                |107.0075                                |
|3.   102                |107.0056                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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