RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050003432


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 the Korea Defense Service
Medal (2nd Oak Leaf Cluster).

2.  The applicant makes no additional statement.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 February 1986.  The application submitted in this case is
dated 28 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 enlisted in the Regular Army on 5 April 1977 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 71B (Clerk Typist).

4.  The applicant arrived in Korea and was assigned to the 117th Aviation
Company on 26 November 1978.  He departed Korea on 21 November 1979.  The
applicant returned to Korea on 8 July 1980 and was assigned to the 2nd
Adjutant General Company.  He departed Korea on 7 July 1981.  The applicant
returned to Korea on 13 July 1983 and was assigned to the 501st Signal
Company.  He departed Korea on 12 June 1984.   The applicant was honorably
separated by reason of physical disability on 27 February 1986.

5.  The applicant's DD Form 214 with the period ending 27 February 1986
shows he was awarded the Army Service Ribbon, the Army Commendation Medal
(2nd Award), the Overseas Service Ribbon (3rd Award), the Army Good Conduct
Medal (2nd Award), the Army Achievement Medal, and the Marksman
Marksmanship Qualification Badge (Rifle).

6.  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.  Only one award of the Korea
Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows the applicant is eligible for award of the
Korea Defense Service Medal.  His DD Form 214 should be amended to add this
Medal.  However, only one award of this medal is authorized for any
individual.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 February 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     26 February 1989.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SP ___  _ MHM __  __ALR___  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 amending his DD Form
214 to show 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
award of the of the Korea Defense Service Medal (2nd Oak Leaf Cluster).




                            ___ Ms. Shirley L. Powell ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003432                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |13 December 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0070.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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