RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050015829


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 award of the Korea Defense Service Medal (KDSM)
and the Meritorious Service Medal (1st Oak Leaf Cluster).  Additionally, he
requests his total prior active service be corrected to show 3 years, 2
months  and 1 day.

2.  The applicant states, in effect, that he served in Korea from 17
January 1997 to 6 August 1998.  He also states that his DD Form 214
(Certificate of Release or Discharge From Active Duty) does not show the 2
months and 1 day he served in the Air National Guard (sic) United States
Air Force.

3.  The applicant provides his DD Form 214, Meritorious Service Medal (MSM)
Certificates, orders, DA Form 1506 (Statement of Service for Computation of
Length of Service for Pay Purposes), DA Form 2339 (Application for
Voluntary Retirement), and his Point Credit Summary.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 December 2000.  The application submitted in this case
is dated  24 October 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 record shows he enlisted in the Regular Army on 25
August 1976. He served 3 years in the Regular Army and was honorably
discharged on  24 August 1979.  The applicant served in the United States
Army Reserve, the Air National Guard and the United States Air Force prior
to his second enlistment into the Regular Army on 4 August 1983, where he
served until his retirement on 31 December 2000.



4.  The applicant’s DD Form 214 lists total prior active service in item
12d as       3 years and 1 month.  In item 13 “Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized” shows the applicant
was awarded the Meritorious Service Medal.

5.  The applicant provided two Meritorious Service Medal Certificates.  The
certificate from 8 September 1993 to 31 May 1996 verifies that the
applicant was awarded the MSM while assigned to Company C, Academy
Battalion, United States Army Medical Detachment Center and School.  The
MSM is dated
29 April 1996 and assigned permanent order number 122-6 dated1 May 1996.
The certificate from 1 January 1990 to 31 December 2001 shows that
applicant was awarded the MSM while assigned to the Army Health Clinic.
The MSM is dated 12 February 2001 and assigned permanent order number 39-1
dated
8 February 2001.

6.  Orders dated 13 August 1996 reassigned the applicant from Fort Sam
Houston, Texas, to Korea with a report date of 28 February 1997 which was
later amended to 16 January 1997.  The first endorsement to the applicant’s
orders while he was at the 1st Replacement Company in Korea further
assigned him to the 560th Medical Company.

7.  Orders dated 4 August 1997 reassigned the applicant from Korea to Fort
Buchanan, Puerto Rico, with a report date of 6 August 1997.  His
availability date is listed as 4 August 1997.

8.  The application for Voluntary Retirement dated 6 January 2000 lists
chronological dates of the applicant’s military service.  This document
shows that the applicant was credited with 3 years, 2 months and 1 day of
prior active service.  He received credit for 3 years of prior active
service from the Regular Army and 61 days of prior active service from the
United States Air Force.

9.  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.  Orders verify that the applicant served in Korea from January 1997 to
     August 1997.  Therefore, he is entitled to award of the Korea Defense
Service Medal.

2.  Permanent Orders Number 122-6 dated 1 May 1996 and 39-1 dated
    8 February 2001 as listed on the applicant’s MSM Certificates verifies
his entitlement to two awards of the MSM.  Therefore, the applicant’s
records will be corrected to show MSM (lst Oak Leaf Cluster).

3. The applicant’s statement of service verifies his prior active service.
This document shows that the applicant was credited with 3 years of Regular
Army service and 2 months and 1 day of service with the United States Air
Force.  Therefore the applicant’s records will be corrected to show 3
years, 2 months and 1 day of prior active service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 2000; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     1 March 2001.  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:

__EA ___  __RL____  ___RM__  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 as follows:



     a. by awarding him the Korea Defense Service Medal;

     b. by showing he was awarded the MSM (1st Oak Leaf Cluster); and

      c.  by showing his prior active service as 3 years, 2 months and 1
day.




                            ______Eric Andersen________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015829                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]