IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021245 


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 the Special Forces Tab, Joint Meritorious Unit Award, and the Republic of Korea Master Parachutist Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he never received these awards and just found out that he was entitled to them.

3.  The applicant provides, in support of his request, copies of his DD Form 214 and the following:

* a memorandum announcing award of the Joint Meritorious Unit Award to the Joint Special Operations Support Element
* an approved 6 June 1984 request for him to accept and wear the Republic of Korea Master Parachutist Badge
* 5th Special Forces Group (Airborne) Special Orders Number 251, dated 8 September 1970, awarding him the special qualification identifier (SQI) "S" for his primary and secondary military occupational specialties (MOSs)

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, a career Regular Army noncommissioned officer (NCO), retired as a master sergeant, pay grade E-8, on 31 July 1988.

3.  His DD Form 214 lists numerous awards including the Joint Service Achievement Medal.  It does not list the Special Forces Tab, Joint Meritorious Unit Award, the Republic of Korea Master Parachutist Badge, or the Defense Meritorious Service Medal. 

4.  Block 18 (Remarks) of the DD Form 214 indicates he served in Korea from August 1974 through August 1976.

5.  NCO Evaluation Reports (NCOERs) for periods from August 1981 through September 1984 show the applicant was assigned to the Joint Special Operations Support Element, MacDill Air Force Base, Florida.

6.  Joint Chiefs of Staff memorandum, dated 1 June 1984, awarded the Joint Meritorious Unit Award to the Joint Special Operations Support Element, MacDill Air Force Base, Florida for the period 3 September 1980 through 30 September 1984.

7.  United States Readiness Command, MacDill Air Force Base, Florida Permanent Orders 46-1, dated 17 May 1988, awarded the applicant the Defense Meritorious Service Medal.

8.  United States Readiness Command, MacDill Air Force Base, Florida Permanent Orders 59-9, dated 11 June 1987, awarded the applicant the Joint Service Achievement Medal with 1st Oak Leaf Cluster.
 
9.  Army Regulation 600-8-22 (Military Awards), paragraph 8-49b(2), authorizes the award of the Special Forces Tab to any person who, prior to 1 January 1988, completed a then approved program of Special Forces instruction and were subsequently awarded, by competent authority, SQI "S" (enlisted), or SQI "3" (officer).

10.  The awards regulation also 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 encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles.  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, or meet other specific criteria.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he never received the Special Forces Tab, Joint Meritorious Unit Award, and the Republic of Korea Master Parachutist Badge and just found out that he was entitled to them.

2.  The award of the SQI "S" indicates the applicant is entitled to the Special Forces Tab. 

3.  The NCOERs indicate the applicant was a member of the Joint Special Operations Support Element and is authorized to wear the Joint Meritorious Unit Award.

4.  The approved 6 June 1984 request for him to accept and wear the Republic of Korea Master Parachutist Badge indicates that it is an authorized award.

5.  Permanent orders awarded the applicant the Defense Meritorious Service Medal and the Joint Service Achievement Medal with 1st Oak Leaf Cluster.

6.  The DD Form 214 remarks entry shows he served in Korea and is eligible for the Korea Defense Service Medal.

7.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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 his 31 July 1988 DD Form 214 by:

	a.  deleting the Joint Service Achievement Medal and 

	b.  adding the Defense Meritorious Service Medal, Joint Service Achievement Medal with 1st Oak Leaf Cluster, Korea Defense Service Medal, Joint Meritorious Unit Award, Special Forces Tab, and the Republic of Korea Master Parachutist Badge.



      _______ _  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)                                         AR20090021245





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ABCMR Record of Proceedings (cont)                                         AR20090021245



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