BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110011604 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the:

* Joint Service Commendation Medal
* overseas service bar
* Meritorious Unit Commendation
* Republic of Korea Presidential Unit Citation
* Korea Defense Service Medal 

2.  He states:

	a.  he initially served in the Army of the United States (AUS) from 22 January 1967 to 24 January 1969;

	b.  from 1 December 1967 to 24 January 1969 he served in the demilitarized zone in Korea and was assigned to the 8th Army Special Troops, Headquarters, U.S. Army Element, United Nations Command (UNC)/U.S. Forces Korea (USFK), and Armistice Affairs Division within the UNC with duty with the Advanced Secretariat (also known as the Joint Security Area) where he spent his entire tour; and

	c.  he retired as a captain in the U.S. Marine Corps Reserve in 2008 at the age of 60;

	d.  his orders and DD Form 345EK (Armed Forces Liberty Pass) verify his assignments;

	e.  he was awarded the Joint Service Commendation Medal after he was discharged; therefore, it was not annotated on his DD Form 214; and

	f.  the other awards were authorized after he was discharged.

3.  The applicant provides copies of the following documents:

* self-authored statement
* DD Form 214
* DD Form 345EK
* Special Orders Number 107, dated 10 May 1968
* General Orders Number 47, dated 18 September 1969

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 he was inducted into the AUS on 22 June 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he served in Korea from 17 December 1967 to 24 January 1969;

	b.  item 38 (Record of Assignments) that during his tour of duty in Korea he served with Headquarters, U.S. Army Element, UNC/USFK; and

	c.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal, Army Good Conduct Medal (1st Award), and Marksman Marksmanship Qualification Badge.

4.  He submitted a DD Form 345EK, dated 21 December 1967, which shows his organization, installation, and base as "Joint Duty Office, Joint Security Area."

5.  Special Orders Number 107 issued by Headquarters, Special Troops, 8th U.S. Army (Provisional), dated 10 May 1968, show he was authorized hazardous duty pay while assigned to the U.S. Army Element, UNC/USFK.

6.  General Orders Number 47 issued by the USFK, dated 18 September 1969, show he was awarded the Joint Service Commendation Medal for the period 16 December 1967 to 23 January 1969.

7.  A review of the U.S. Human Resources Command Awards and Decorations Branch's website for previously and currently issued unit awards failed to show the unit he was assigned to or the units he stated he was assigned to received any awards, citations, or commendations.

8.  The applicant's records further show he was honorably released from active duty on 24 January 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued shows he completed 1 year, 7 months, and 3 days of active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Armed Forces Expeditionary Medal.

9.  Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

10.  Army Regulation 600-8-22 states the Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  An overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Joint Service Commendation Medal for meritorious service from 16 December 1967 to 23 January 1969.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

3.  There is no evidence of record that shows he was assigned to any unit other than Headquarters, U.S. Element, UNC/USFK.  In addition, there is no evidence that shows he was assigned to this unit when it was awarded the Meritorious Unit Commendation or Republic of Korea Presidential Unit.  Therefore, he is not entitled to have his DD Form 214 corrected to show these awards.

4.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for entry on an individual's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Joint Service Commendation Medal and Korea Defense Service Medal to item 13 of his DD Form 214.

2.  The Board further determined 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 correcting item 13 of his DD Form 214 to show award of the Meritorious Unit Commendation, Republic of Korea Presidential Unit Citation, and an overseas service bar.



      _________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)                                         AR20110011604



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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