RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080003365 


	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 award of the Korean Service Medal and correction of his records to show award of the Meritorious Service Medal. 

2.  The applicant states that his service in Taegu, Korea, from 3 July 1958 to 4 June 1959, entitles him to award of the Korea Service Medal.  He further adds that he was awarded the Meritorious Service Medal, but it is not shown on his records.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 January 1984.

	b.  Permanent Orders Number 49-1, dated 4 November 1983, award of the Meritorious Service Medal.

	c.  Special Orders Number 3, dated 3 July 1958, Headquarters, Taegu Area Sub-Post, Reassignment Order.

	d.  Special Orders Number 109, dated 4 June 1959, Headquarters, U.S. Army Pusan Area Command, Reassignment Order.

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’s records show that he enlisted in the Regular Army for a period of 3 years on 14 January 1958.  He was trained in military occupational specialty (MOS) 951.60 (Military Policeman) and attained the rank/grade of corporal (CPL)/E-4.  He was honorably discharged, for the purpose of immediate reenlistment, on 5 April 1960. 

3.  Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214, dated 5 April 1960, shows he completed 1 year, 9 months, and 25 days of foreign service.  However, there is no indication on the DD Form 214 that he completed this period of overseas service in Korea. 

4.  The applicant’s records further show that he enlisted in Camp Zama, Japan, for a period of 6 years.  He was honorably discharged, for the purpose of immediate reenlistment on 5 April 1966, and subsequently reenlisted for a period of 6 years on 6 April 1966.  He was honorably discharged on 24 February 1970 for immediate appointment as a warrant officer.

5.  The applicant’s records also show that he was appointed as a warrant officer in the Regular Army on 24 February 1970.  He was subsequently promoted to chief warrant officer three (CW3) and was honorably discharged from the Regular Army and placed on the Retired List, on 31 January 1984.

6.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record), prepared on 9 September 1974 and reviewed on 29 November 1983, shows the applicant completed several overseas tours, including the Republic of Vietnam, Japan, and four tours in Germany.  Item 5 also shows the entry "overseas service prior to 1 January 1960, 12 months." 

7.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 31 January 1984, shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with silver service star; the Republic of Vietnam Campaign Medal, with 1960 Device; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Bronze Star Medal; the Army Commendation Medal (2nd Oak Leaf Cluster); the Good Conduct Medal (3rd Award); the Army Service Ribbon; and the Overseas Service Ribbon (4th Award).  Item 13 does not show award of the Korea Service Medal or the Meritorious Service Medal.   

8.  U.S. Army Criminal Investigation Command, Falls Church, Virginia, Permanent Orders Number 49-1, dated 4 November 1983, show that the applicant was awarded the Meritorious Service Medal for meritorious service, from 1 July 1981 to 31 January 1984.   



9.  The applicant submitted two sets of orders to show his service in Korea:

	a.  Headquarters, Taegu Area Sub-Post, Special Orders Number 3, dated 3 July 1958, show the applicant was released from assignment to the U.S. Army Field General Depot, Taegu, Korea, and reassigned to the 19th Quartermaster Company (Support Depot), Korea, effective 6 July 1958.

	b.  Headquarters, U.S. Army Pusan Area Command, Special Orders Number 109, dated 4 June 1959, show the applicant was released from assignment to the is 19th Quartermaster Company (Support Depot), Korea, and was reassigned to Eighth U.S. Army Pacific Command, effective 26 June 1959, for further onward movement to Camp Zama, Japan. 

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

11.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214

12. Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13.  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.  The evidence of record shows that the applicant completed 12 months of overseas service prior to 1 January 1960; was issued two sets of reassignment orders, within Korea, on 3 July 1958 and on 4 June 1959, before being reassigned to Camp Zama, Japan; and his DD Form 214, dated 5 April 1960, shows he completed 1 year, 9 months, and 25 days of foreign service.  Therefore, there is sufficient evidence that shows he served in Korea from 6 July 1958 to 26 June 1959.  

2.  Based on the applicant's service in Korea, he therefore served a qualifying period of service for award of the Korean Service Medal, and is therefore, entitled to correction of his records to show this award.  He is also entitled to award of the United Nations Service Medal based on his award of the Korean Service Medal and correction of his records to show this award.

3.  Permanent Orders awarded the applicant the Meritorious Service Medal for meritorious service; therefore, he is entitled to correction of his records to show this award.  

4.  The evidence of record shows 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

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 Korean Service Medal, the United Nations Service Medal, the Korea Defense Service Medal, and the Meritorious Service Medal, on the applicant's DD Form 214, dated 31 January 1984.




							XXX
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080003365



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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