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ARMY | BCMR | CY2006 | 20060003244C070205
Original file (20060003244C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:
                                AKA:

      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060003244


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. 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, in effect, that her DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show her retirement
award of the Meritorious Service Medal (MSM) with four Oak Leaf Clusters.

2.  The applicant states, in effect, that her award was not processed
through the final stage by the time she went on transitional leave or by
her retirement date.

3.  The applicant provides:

      a.  a copy of her DD Form 214;

      b.  a copy of DA Form 638 (Recommendation for Award), dated 30 June
2003;

      c.  a copy of a Certificate of Award for her MSM, dated 20 January
2004; and

      d.  a copy of her Marriage License from the State of Georgia.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 November 2003, the date she retired from active duty.  The
application submitted in this case is dated 24 February 2006.

2.  The applicant's records show that she entered active duty on 16
November 1983.  She completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 71D1O (Legal
Specialist).

3.  She served with Headquarters and Headquarters Company (HHC),  
18th Medical Command in Korea during the period 18 July 1987 to 1 March
1988; HHC, 23rd Support Group in Korea during the period 28 April 1997 to  
27 April 1998; and Headquarters and Headquarters Troop (HHT), 16th Cavalry
Brigade in Korea during period 12 July 2001 to 30 June 2002.  She was
honorably released from active duty on 30 November 2003 and placed on the
retired list on 1 December 2003, after serving 20 years and15 days of
active service.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows her most significant awards as the Defense Meritorious Service Medal,
Meritorious Service Medal (3rd Award), Joint Service Commendation Medal,
Army Commendation Medal (8th Award), Army Achievement Medal (2nd Award),
Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd
Award), Armed Forces Expeditionary Medal, Southwest Asia Service Medal with
3 bronze service stars, Armed Forces Service Medal, Kuwait Liberation Medal
(Kuwait), and the Kuwait Liberation Medal (Saudi Arabia).  However, it does
not show the award of the 4th MSM.

5.  DA Form 638, dated 30 June 2003, submitted by Headquarters and
Headquarters Battery, Division Artillery, Fort Stewart, Georgia shows that
the applicant was recommended for the Legion of Merit; however, the
recommendation was downgraded to an MSM.  This form shows the applicant had
already been awarded three MSMs.

6.  Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart
Permanent Order Number 21-4, dated 21 January 2004, shows that the
applicant was awarded the MSM.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the first Oak Leaf Cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the MSM.

8.  A review of the applicant's records show that she is entitled to an
additional award not listed on her DD Form 214.

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.

10.  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.

11.  The message further states that only one award of the KDSM is
authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her DD Form 214 be corrected to show award
of the MSM with four Oak Leaf Clusters.

2.  Orders show that the applicant was awarded the MSM upon her retirement
from active duty.  As such, she is entitled to the MSM with three Oak Leaf
Clusters to denote four awards of the MSM.  Since her DD Form 214 shows the
number of awards instead of Oak Leaf Clusters, it would be appropriate to
show on her DD Form 214 that she was awarded the MSM (4th Award).

3.  Evidence of records show that the applicant successfully completed a
tour in Korea from 28 April 1997 to 27 April 1998 and from 12 July 2001 to
30 June 2002.  Therefore she is authorized the Korea Defense Service Medal
and entitled to correction of her records to show this foreign award.

BOARD VOTE:

___klw __  ____sjs__  ___tmr__  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing the award of the Meritorious Service Medal (4th award) and the
Korea Defense Service Medal.



                            _______Kenneth L. Wright_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003244                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061003                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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