IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080005953
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214, Report of Separation From Active Duty, be corrected to add the Meritorious Service Medal (MSM) with 1st oak leaf cluster (OLC) (second award), and the Korean Defense Service Medal (KDSM).
2. The applicant states that he received his second MSM after he returned home and it was never recorded on his DD Form 214. As for the KDSM, that award was authorized in 2002, which was subsequent to his retirement.
3. The applicant provides an MSM 1st OLC certificate signed on 9 September 1977, his retirement orders, and 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 applicants military records show that he was commissioned and entered active duty on 4 June 1957. He was awarded the specialties of engineer and foreign service officer, and was promoted to lieutenant colonel (LTC). He was honorably released from active duty on 31 July 1977 and placed on the Retired List the following day for years of service.
3. The applicant served in Europe, Korea, Vietnam, and Hawaii. He had served in Korea from 1 September 1965 to 30 September 1966.
4. The applicants records show that he was awarded the MSM on 12 January 1976. There are no orders in the applicants record showing he was awarded the MSM, 1st OLC.
5. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the MPRJ, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.
6. The Korea Defense Service Medal (KDSM) is authorized to members of the armed forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas.
DISCUSSION AND CONCLUSIONS:
1. The applicants records verify that he served a tour of duty in Korea after 28 July 1954. As such, he is entitled to the KDSM.
2. However, without orders, there is insufficient evidence in which to add the 1st OLC to his MSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ___X____ ___X___ 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 adding the KDSM to his DD Form 214.
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 adding the 1st OLC to his MSM.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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