RECORD OF PROCEEDINGS


      IN THE CASE OF:        .


      BOARD DATE:            03 October 2006
      DOCKET NUMBER:   AR20060003071


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Sherry Stone                  |     |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 his report of separation (DD Form 214) be
corrected to reflect his awards of the Meritorious service Medal with first
oak leaf cluster (MSM w/1OLC) and the Korea Defense Service Medal (KDSM).

2.  The applicant states that the awards were not present or indicated on
his DD Form 214 when he retired.

3.  The applicant provides copies of orders awarding him the MSM w/1OLC and
a letter from the National Personnel Records Center indicating his
entitlement to the KDSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1986.  The application submitted in this case is dated
20 February 2006.

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 Shreveport, Louisiana on 12 June 1964, for a
period of 3 years.  He remained on active duty through a series of
continuous reenlistments and was promoted to the pay grade of E-7 on 1 June
1982.

4.  On 31 July 1986, while stationed at Fort Devens, Massachusetts, the
applicant was honorably released from active duty (REFRAD) for the purpose
of retirement and was transferred to the United States Army Reserve Control
Group (Retired) effective 1 August 1986.  He had served over 22 years of
active Federal service.

5.  The orders provided by the applicant show that the applicant was
awarded the MSM w/1OLC on 17 July 1986 for the period of 13 August 1984 to
18 June 1986. That award was not entered on his DD Form 214 at the time of
his REFRAD.

6.  His records show that he served in Korea from 6 April 1965 to 5 May
1966 and he served two tours in Vietnam.

7.  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.

8.  The 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.  The applicant’s contention that his records should be corrected to
reflect the awards of the MSM w/1OLC have been noted and found to have
merit.

2.  The applicant was awarded the MSM w/1OLC while he was stationed at Fort
Devens.  The orders were published at Fort Bragg, North Carolina
approximately 2 weeks before his retirement and did not make it to his
records.  Accordingly, it would be in the interest of justice to add that
award to his records at this time.

3.  Although the KDSM was not authorized until approximately 18 years after
his retirement, he is still eligible to have that award added to his
records.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1986; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 July 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:

___KW  _  ____TR     ___SS __  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 showing his awards of the MSM w/1OLC
and the KDSM.






                            _____ Kenneth Wright_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003071                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19860721                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 12                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/DE                                   |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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