RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20060016749 


	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

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Chester A. Damian

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 records be corrected to show award of the Meritorious Service Medal (4th award) [correctly known as the Meritorious Service Medal Third Oak Leaf Cluster], the Global War on Terrorism Service Medal, and the Korea Defense Service Medal.

2.  The applicant states the Meritorious Service Medal Third Oak Leaf Cluster and the Korea Defense Service Medal were not approved until after his separation document had been prepared.  The applicant continues that the Global War of Terrorism Service Medal was authorized to all Soldiers on Active Duty in March 2004 and that he met the 30 day service period long before his retirement.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and orders for award of the Meritorious Service Medal Third Oak Leaf Cluster in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 July 2002, the date of his transfer to the United States Army Reserve Control Group (Retired).  The application submitted in this case is dated 12 November 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.  Records show that the applicant entered active duty on 22 May 1982 and remained until he was honorably separated on 31 July 2002 for the purpose of retirement.  The DD Form 214 issued at the time of the applicant's separation shows that he served 1 year, 10 months, and 8 days of Foreign Service.



4.  Block 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Meritorious Service Medal Third Oak Leaf Cluster, the Global War on Terrorism Service Medal, or the Korea Defense Service Medal.

5.  Section I (Assignment Information) of the applicant's Officer Record Brief shows that he served 2 tours in Korea for a total of 21 months.

6.  The applicant's records contain a DA Form 638 (Recommendation for Award), dated 3 June 2002, which shows that he was awarded the Meritorious Service Medal Third Oak Leaf Cluster by Permanent Order Number 161-51 on 10 June 2002.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

8.  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: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 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

DISCUSSION AND CONCLUSIONS:

1.  Orders show that the applicant was awarded the Meritorious Service Medal Third Oak Leaf Cluster.  Therefore, he is entitled to correction of his records to show this award.

2.  Records show that the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  Records show that the applicant served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 July 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 July 2005).  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:

__LDS__  __JRS___  __CAD__  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 award of the Meritorious Service Medal Third Oak Leaf Cluster, the Global War on Terrorism Service Medal, and the Korea Defense Service Medal.




___Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.