IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100011288
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to reflect awards of the Army Commendation Medal and the National Defense Service Medal.
2. The applicant states he served honorably in the Korean War and was presented with an Army Commendation Medal but it is not on his DD Form 214.
3. The applicant provides a set of orders, a letter, and an award citation.
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 records show he entered active duty from the New Mexico Army National Guard (NMARNG) on 14 August 1950. His records further show he served in Korea assigned to the 223rd Infantry Regiment, 40th Infantry Division.
3. On 6 June 1952, he was honorably released from active duty and transferred to the ARNG after serving 1 year, 9 months, and 23 days of creditable active service.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Combat Infantryman Badge, Korean Service Medal with 1 bronze service star, and the United Nations Service Medal.
5. The applicant provides a copy of General Orders Number 132, issued by Headquarters, 40th Infantry Division on 27 June 1952, awarding him the Commendation Ribbon with Metal Pendant [currently known as the Army Commendation Medal] for meritorious service from 26 January 1952 to 29 April 1952.
6. He also provides a letter of appreciation and an award citation for the Army Commendation Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show the Army Commendation Medal and the National Defense Service Medal was carefully considered. There is sufficient evidence to grant relief.
2. He provides orders that show he was awarded the Army Commendation Medal in June 1952. Therefore, he is entitled to correction of his DD Form 214 to reflect this award.
3. His records show he served on active duty during a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to award of this medal and correction of his DD Form 214 to reflect this award.
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 adding to item 27 of his DD Form 214 the Army Commendation Medal and the National Defense Service Medal.
_________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) AR20100011288
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ABCMR Record of Proceedings (cont) AR20100011288
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