RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060010873 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Mark Manning

Chairperson

Mr. John Meixell

Member

Mr. Qawiy Sabree

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) for the period ending 31 August 1977 to show award of the Korean Service Medal (sic) and the Meritorious Service Medal with First Oak Leaf Cluster.

2.  The applicant states that these awards were left off of his record.

3.  The applicant provides no additional evidence in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
31 August 1977.  The application submitted in this case is dated 25 July 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 on 5 June 1952 and remained on active duty through continuous reenlistments.  He served in Korea from 29 January 1966 to 
23 February 1967.  On 2 July 1968, the applicant was honorably discharged in the rank of sergeant first class to accept an appointment as a Warrant Officer.  On 31 August 1977, he retired in the rank of Chief Warrant Officer Three after completing over 25 years of creditable service.

4.  The applicant’s DD Form 214 for the period ending 31 August 1977 does not show the Korean Service Medal or the Meritorious Service Medal with First Oak Leaf Cluster as authorized awards. 

5.  Headquarters, 82d Airborne Division Permanent Orders 134-1, dated 
13 September 1977, show the applicant received the Meritorious Service Medal with First Oak Leaf Cluster for the period 20 January 1975 to 31 August 1977.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service 

Medal is awarded for qualifying service in the theater of operations between 
27 June 1950 and 27 July 1954.

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 did not serve a period of qualifying service for award of the Korean Service Medal.  Therefore, there is no basis for granting the applicant’s request for the Korean Service Medal.  However, it appears he was actually referring to the Korea Defense Service Medal.

2.  The applicant served a period of qualifying service for award of the Korea Defense Service Medal.

3.  Orders show the applicant received the Meritorious Service Medal with First Oak Leaf Cluster after his retirement.  Therefore, his DD Form 214 for the period ending 31 August 19771 should be corrected to show this medal.

4.  Records show the applicant should have discovered the alleged errors now under consideration on 31 August 1977; therefore, the time for the applicant to file a request for correction of any error expired on 30 August 1980.  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 

MM_____  _JM_____  _QS____  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 for the period ending 
31 August 1977 to add the Korea Defense Service Medal and the Meritorious Service Medal with First Oak Leaf Cluster.

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 Korean Service Medal.  



__Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20060010873
SUFFIX

RECON

DATE BOARDED
20070222
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.0070
2.
107.0017
3.
107.0141
4.

5.

6.