RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 October 2005
      DOCKET NUMBER:  AR20050007313


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 (Report of
Separation from Active Duty) to show award of the Meritorious Service Medal
and the Korea Defense Service Medal.

2.  The applicant states that he was awarded the Meritorious Service Medal
after his retirement date.  He contends that he never received the general
orders for this medal.

3.  The applicant provides in support of his case a copy of an award
certificate for the Meritorious Service Medal and a copy of his DD Form
214, dated 31 October 1978.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1978.  The application submitted in this case is
dated 27 April 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’s record shows he initially enlisted in the Regular Army
on 30 October 1958.  On 31 October 1978, the applicant retired in the rank
of sergeant first class/pay grade E-7 after completing 20 years and 9 days
of creditable active service.

4.  The applicant's DD Form 214 does not show he was awarded the
Meritorious Service Medal or the Korea Defense Service Medal.

5.  The applicant provided an award certificate for the Meritorious Service
Medal, which was authenticated by the Brigadier General in the position of
Acting Commander of the 101st Airborne Division (Air Assault), Fort
Campbell, Kentucky.  The certificate appeared valid and properly
constituted.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the
applicant served in Korea during the periods from 26 August 1962 through
12 October 1963 and from 3 February 1968 through 4 March 1969.
7.  The applicant's records do not show award of the Korea Defense Service
Medal.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Meritorious
Service Medal.

2.  Based on the applicant's distinguished record of service, multiple
personal decorations and six consecutive awards of the Good Conduct Medal,
it is reasonable to presume that the applicant would have received the
Meritorious Service Medal as a retirement award.  The award certificate in
this case is sufficient for correction of the applicant's records to award
the Meritorious Service Medal.

3.  The applicant contends he is entitled to award of the Korea Defense
Service Medal.

4.  Records show the applicant served in Korea during a qualifying period
for award of the Korea Defense Service Medal.  Therefore, he is entitled to
correction of his records to show award of the Korea Defense Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1978; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 October 1981.  The applicant did not file within
the 3-year statute of limitations.  However there is sufficient evidence to
show it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

_JS_____  __KWL__  __LDS__  GRANT FULL 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 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 for the
period ending 31 October 1978 to show that he was awarded the Meritorious
Service Medal and the Korea Defense Service Medal.




                                __John N. Slone___
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20050007313                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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