RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20070018619
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 Korea Defense Service Medal (KDSM), the Army Commendation Medal (ARCOM) (2nd Award), the Army Superior Unit Award, and the U.S. Marine Corps (USMC) Parachute Badge.
2. The applicant states, in effect, that these awards were not annotated on his DD Form 214.
3. The applicant provides a copy of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 6 February 1985 through
5 February 1989.
3. The applicant served in the Republic of Korea (ROK) from 16 September 1985 through 17 September 1986. During the period 15 May 1985 to 15 May 1986 he was assigned to the United Nations Command Security Force, Joint Security Area, as a security guard.
4. The applicant's DD Form 214 shows he was awarded the ARCOM [First Award]. This is confirmed by Permanent Orders 88-1, Headquarters, United States Forces Korea, dated 25 July 1986, awarding the applicant the ARCOM for the period 27 September 1985 to 15 September 1986. There is no evidence in his record to show he received a second ARCOM.
5. The applicant's record contains orders awarding him the U.S. Army Parachute Badge on 1 August 1985. This award is shown on his DD Form 214. There is no evidence to show he was awarded the USMC Parachute Badge.
6. The applicant's unit (United Nations Command Security Force Joint Security Area) was awarded the Army Superior Unit Award for the period 15 May 1985 through 15 May 1986. A copy of the award certificate was available in the applicant's record.
7. Army Regulation 600-8-22 (Military Awards) states that the 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 ROK. 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. There is no evidence and the applicant has provided no evidence that he was awarded the ARCOM (2nd Award). Therefore, his DD Form 214 correctly shows he was awarded the ARCOM (1st Award).
2. There is no evidence and the applicant has provided no evidence that he was awarded the USMC Parachute Badge. Therefore, he is not entitled to have his record corrected to show this award.
3. The applicant's unit was awarded the Army Superior Unit Award for the period 15 May 1985 15 May 1986. Therefore, he is entitled to have his record corrected to show this award.
4. The applicant had a qualifying period of service in the ROK. Therefore, he is entitled to award of the KDSM and correction of his DD Form 214 to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xxx___ __xxx___ __xxx___ 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 awarding the KDSM and the Army Superior Unit Award and showing these awards on his record.
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 correcting his record to show award of the ARCOM (2nd Award) and the USMC Parachute Badge.
XXX
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018619
2
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BOARD FOR CORRECTION OF MILITARY RECORDS
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