IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090016314
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 the Defense Superior Service Medal (DSSM) and Joint Meritorious Unit Award (JMUA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he received the awards in question prior to receiving his DD Form 214 but did not notice they were not listed.
3. The applicant provides his DD Form 214, DSSM and JMUA award certificates and memoranda announcing award of the DSSM and JMUA.
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. After having had prior enlisted service, the applicant was commissioned on
7 March 1967.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 3 July 1977 through 15 June 1978.
4. On 31 January 1987, the applicant was honorably released from active duty for retirement, in the rank of lieutenant colonel. The DD Form 214 he was issued at the time shows he completed a total of 21 years and 3 days of active military service. Item (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:
* Bronze Star Medal
* Meritorious Service Medal (2nd award)
* Air Medal with Numeral 18
* Army Commendation Medal (4th award)
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd award)
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Senior Aviator Badge
* General Staff Identification Badge
5. The applicant provides Department of Defense (DOD) Military Personnel Awards Memorandum 87-22, dated 15 January 1987, which awarded the applicant the DSSM for the period March 1986 through January 1987, while serving as a member of the Strategic Defense Initiative Organization (SDIO).
6. The applicant also provides DOD Military Personnel Awards Memorandum 86-399, dated 6 October 1986, which awarded the JMUA to personnel assigned to the SDIO for the period April 1984 through April 1986.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-20 contains guidance on award of the Korea Defense Service Medal (KDSM). It states it is authorized for service in Korea from 28 July 1954, to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the DSSM and JMUA should be added to his DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the DSSM, as evidenced by DOD Military Personnel Awards Memorandum 87-22, dated 15 January 1987; and it further confirms, during his tenure of assignment, the SDIO was awarded the JMUA, as evidenced by DOD Military Personnel Awards Memorandum
86-399, dated 6 October 1986. Therefore, it would be appropriate to add these awards to his record and item 13 of his final DD Form 214.
2. The record also shows that based on the applicant's service in Korea, he is eligible for the KDSM. Therefore, this award should also be added to his record and DD Form 214.
BOARD VOTE:
___X___ ___X____ ___X____ 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 amending Item 13 of his DD Form 214 by adding the Defense Superior Service Medal, Joint Meritorious Unit Award, and Korea Defense Service Medal; and by providing him a correction to his DD Form 214 that includes these awards.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20090016314
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