RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070004531 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine R. Moya

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, correction of his military records to show award of the Air Medal for valor, and the Korea Defense Service Medal (KDSM).  He also asks that the Board to investigate his former unit to determine why he never received his awards.  

2.  The applicant states, in effect, that he was recommended for awards for valor and is entitled to award of the Korean Defense Service Medal for his service in the Republic of Korea.

3.  The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requests correction of his records to show award of the Air Medal.  There are no orders or other evidence authorizing award of the Air Medal to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings. 

3.  On or about 9 June 1968, the applicant entered the Regular Army.  He completed his initial training and advanced through the ranks to specialist five. He was released from active duty and transferred to the United States Army Reserve on 12 September 1972.

4.  On 29 November 1972, the applicant enlisted in the Regular Army.  He served through a series of assignments and attained the rank of staff sergeant, pay grade E6.  

5.  The applicant served in the Republic of Korea from 6 October 1976 to 
4 February 1979.

6.  On 7 September 1982, the applicant was honorably discharged. 

7.  On 8 September 1982, the applicant enlisted in the United States Army Reserve.  He served as a squad leader with the 820th Engineer Battalion, San Pablo, California. 

8.  On 30 September 1983, the applicant voluntarily entered active duty in his Reserve Component as an AGR (Active Guard Reserve).  He served in this status until his retirement on 30 September 1989.  He had attained the rank of sergeant first class, pay grade E7, and had completed 20 years and 3 days of creditable active service.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD form 214 lists his awards as the National Defense Service Medal, two Purple Hearts, two Army Commendation Medals, two Army Achievement Medals, five Army Good Conduct Medals, Korean Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal, Noncommissioned Officers Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon, Vietnam Campaign Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It does not list the Korea Defense Service Medal. 

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the KDSM.  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South 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 for 30 consecutive or 60 non-consecutive days.
11.  Army Regulation 15-185, Army Board for Correction of Military Records (ABCMR) provides, in pertinent part, that the ABCMR will decide cases on the evidence of record.  It is not an investigative body.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.

DISCUSSION AND CONCLUSIONS:

1.   Records clearly show that the applicant served in the Republic of Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, his records should be corrected to show this award.

2.   The ABCMR is not an investigative body.  Therefore, the applicant's request to investigate his former unit to determine why he never received his awards should not be granted.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__CVM__  __DED__  __ERM__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Korea Defense Service Medal.

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 investigation of why he did not receive awards from his former unit.




__      Conrad V. Meyer____
          CHAIRPERSON

INDEX

CASE ID
AR20070004531
SUFFIX

RECON
 
DATE BOARDED
20070821 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
   . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.