RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060011268 


	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. Gerard W. Schwartz

Acting Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Meritorious Service Medal (MSM) with three Oak Leaf Clusters.

2.  The applicant states, in effect, that he was personally awarded the MSM’s on  
23 May 1985, 13 May 1988, 22 April 1992, and 30 May 1996.  Therefore, he would like for his records to show four awards of the MSM.

3.  The applicant provides a copy of four Certificates of Award for the MSM. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on  
30 June 1996, the date he retired from active duty.  The application submitted in this case is dated 31 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's records show that he served a tour in the Republic of Korea during the period 7 October 1983 to 15 May 1984.  He was honorably retired on 30 June 1996, after completing a total of 16 years, 11 months, and 2 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 his most significant awards as the Meritorious Service Medal (2nd Award), Joint Service Commendation Medal, Army Commendation Medal, Navy Commendation Medal, Army Achievement Medal, Navy Achievement Medal, Army Superior Unit Award, Army Reserve Components Achievement Medal, National Defense Service Medal, Armed Forces Reserve Medal, Army Service Ribbon, Overseas Service Ribbon, and the Parachutist Badge.  However, it does not show the 3rd or 4th award of the MSM.


5.  Headquarters, United States Forces Korea, Permanent Order 35-2, dated  
30 April 1985 awarded the applicant his first MSM.

6.  Headquarters, Transportation United States Army Readiness Group Permanent Order 35-1, dated 20 May 1988, Fort Stewart, Georgia awarded the applicant is second MSM.

7.  Certificate of Award Permanent Order 69-26, dated 22 April 1992 awarded the applicant his third MSM and Certificate of Award Permanent Order 151-4, dated 30 May 1996 awarded him the fourth MSM.

8.  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.

9.  A review of the applicant's records show that he is entitled to an additional award not listed on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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 area of eligibility and period of eligibility are as follows:  
	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 
	(2)  all air spaces above the land and water area.
The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 
Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  
	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 
	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or
	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

11.  The message further states that only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

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

2.  Orders show that the applicant is entitled to the MSM with three Oak Leaf Clusters to denote four awards of the MSM.  Since his DD Form 214 shows the number of awards instead of Oak Leaf Clusters, it would be appropriate to show on his DD Form 214 that he was awarded the MSM (4th Award).

3.  Evidence of records show that the applicant successfully completed a tour in Korea from 7 October 1983 to 15 May 1984.  Therefore he is authorized the Korea Defense Service Medal and entitled to correction of his records to show this foreign award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
29 June 1999.  The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___jea___  ___rsv___  ___swf__  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.




________James E. Anderholm__________
          CHAIRPERSON




INDEX

CASE ID
AR20060011268
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
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.