RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060010910
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.
X
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 add his award of the Meritorious Service Medal (MSM).
2. The applicant states, in effect, that his retirement award of the MSM was never recorded on his DD Form 214.
3. The applicant provides a copy of his MSM Certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 31 December 1982. 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 applicants failure to timely file.
3. He enlisted in the Regular Army in Philadelphia, Pennsylvania on 10 March 1961 for a period of 3 years and remained on active duty through a series of continuous reenlistments.
4. He served tours in Korea from June 1961 to August 1962 and from May 1963 to May 1964. He served one tour in Vietnam and two tours in Germany. He was promoted to the pay grade of E-8 on 2 September 1978 and on 12 August 1981, he was assigned as a first sergeant of Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division at Fort Hood, Texas. He remained in that assignment until he departed on terminal leave on 21 November 1982 in connection with his retirement on 31 December 1982.
5. The MSM Certificate provided by the applicant cites the applicant for meritorious service as a first sergeant during the period of 12 August 1981 through 31 December 1982, which culminated 22 years of faithful service to his country. The award was authenticated on 31 December 1982.
6. A review of the applicants records fails to reveal a copy of the certificate or the orders awarding him the MSM.
7. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has not provided a copy of the orders awarding him the MSM and his records do not contain those orders, it is not uncommon for individuals of the applicants rank to be awarded a MSM upon retirement. Accordingly, the Board accepts the MSM Certificate as being valid without the orders and finds that it would be in the interest of justice to add the award of the MSM to his records at this time.
2. The Board also finds that the applicant is entitled to be awarded the KDSM for his service in Korea and to have it added to his records as well.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 December 1982; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 December 1985. 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:
__X____ _X ___ ___X__ 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 that he was awarded the MSM and by awarding him the KDSM and adding that award to his records as well.
______ X_______
CHAIRPERSON
INDEX
CASE ID
AR20060010910
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070403
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.110.0000
189/CORR 214
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