IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110021503
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 award of the Meritorious Service Medal (MSM) 3d Oak Leaf cluster (3OLC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that he be awarded the Korea Defense Service Medal (KDSM).
2. The applicant states he received the award of the MSM 3OLC after he retired and it was not included on his DD Form 214. Additionally, he discovered that he is entitled to award of the KDSM.
3. The applicant provides a copy of his DD Form 214 and a copy of his award of the MSM 3OLC.
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 applicant enlisted in the Regular Army on 19 June 1973 and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-8 on 1 July 1989.
3. A review of his official records shows that he served in Korea from 10 January 1976 to 2 March 1977 at what was formerly Camp Essayons.
4. His records also contain orders awarding him the MSM for meritorious service during the period of 15 July 1980 to 15 October 1982 and the MSM (1st OLC) for meritorious service during the period of February 1983 to August 1985.
5. The award of the MSM provided by the applicant is not contained in his official records and shows that he was awarded the MSM (3OLC) for meritorious service from 28 February 1984 to 1 March 1994 and was awarded on 30 December 1993 in Permanent Orders Number 005-010 issued by Headquarters, 1st Infantry Division and Fort Riley.
6. On 28 February 1994, the applicant retired and was transferred to the Retired List effective 1 March 1994. He had served 21 years and 11 days of active service and his DD Form 214 issued at the time of his retirement shows he was awarded the Army Service Ribbon, the National Defense Service Medal with bronze star, Overseas Service Ribbon with numeral 3, MSM (2OLC), Army Commendation Medal, Army Achievement Medal (1st OLC), Good Conduct Medal (6th award), Noncommissioned Officer Professional Development Ribbon with numeral 3, and the Drill Sergeant Identification Badge.
7. Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be
awarded only for meritorious service or achievement while serving in a non-combat area. 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 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded four awards of the MSM (MSM 3OLC) is not in doubt, the applicants official records only contain orders for three of those awards (MSM 2OLC) when the orders he has provided are added.
2. Therefore, in the absence of orders to show that he was in fact awarded four awards of the MSM, there appears to be no basis to add the award of the MSM 3OLC to his records at this time.
3. However, the applicant did serve a 1 year tour in Korea and thus is entitled to be awarded the KDSM and to have it added to his DD Form 214 at this time.
BOARD VOTE:
___X_____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSIONS AND CONCLUSIONS above regarding adding the MSM 3OLC to the applicants DD Form 214, the Board unanimously determined there was sufficient evidence to show he had been awarded four awards of the MSM. Item 13 of the DA Form 638-1 showed he had previously been awarded three awards of the MSM, and item 28 showed award of the MSM 3OLC had been approved.
2. As a result, the Board determined that the evidence presented was sufficient to warrant a recommendation for full relief, and recommends that all Department
of the Army records of the individual concerned be corrected by adding the MSM 3OLC and the KDSM to his DD Form 214.
_______ _ 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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