IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120004488
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 (Certificate of Release or Discharge from Active duty) to show award of the:
* Defense Meritorious Service Medal (DMSM)
* Meritorious Service Medal (MSM)
* Korea Defense Service Medal (KDSM)
2. The applicant states these medals were not shown on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) ending in November 1994
* DA Form 2166-7 (NCOER) ending in September 1997
* DA Form 638 (Recommendation for Award), dated 18 July 2000
* DA Form 4980 (Certificate for the MSM), dated 15 August 2000
* Military Personnel Awards Order Number 2004-087, Defense Information Systems Agency, dated 7 May 2004
* DD Form 2412 (Certificate for the DMSM), dated 4 May 2004
* Citation for award of the DMSM
* Standard Form 813 (Verification of a Military Retiree's Service in NonWartime Campaigns or Expeditions), dated 20 November 2011
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. On 11 July 1984, the applicant enlisted in the Regular Army. He served through a series of enlistments and attained the rank of sergeant first class, pay grade E-7.
3. DA Forms 2166-7, filed in the applicant's Army Military Human Resource Record (AMHRR), indicate that the applicant served in the Republic of Korea (ROK) as follows:
* 362nd Signal Company, 41st Signal Battalion: June 1993 to November 1994
* Headquarters and Headquarters Company, 1st Signal Brigade: October 1996 to September 1997
4. A DA Form 638, dated 18 July 2000, as provided by the applicant shows he was recommended for award of the MSM for the period 5 December 1998 to 5 December 2000 and that this recommendation was approved on 15 August 2000. Permanent Orders Number 228-2, dated 15 August 2000, announced this award.
5. Military Personnel Awards Order Number 2004-087, dated 7 May 2004, as filed in the applicant's AMHRR announces award of the DMSM to the applicant for the period 8 January 2001 to 31 July 2004.
6. On 31 July 2004, the applicant was retired due to sufficient service for retirement. He had completed 20 years and 20 days of creditable active duty service.
7. The applicant's DD Form 214 indicates he was awarded:
* Joint Service Commendation Medal
* Army Commendation Medal (4th Award)
* Joint Meritorious Unit Award (3rd Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Presidential Service Badge
* Global War on Terrorism Service Medal
8. Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM. It 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 ROK.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the DMSM, MSM, and KDSM.
2. The available evidence clearly shows that the applicant was recommended for and awarded the DMSM and MSM. Therefore, these two medals should be shown on his DD Form 214.
3. The applicant's NCOERs, as filed in his AMHRR, clearly show he served a qualifying period of service in the ROK for award of the KDSM. Therefore, this service medal should be shown on his 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 showing, in addition to the awards already shown on his DD Form 214, that his awards include:
* Defense Meritorious Service Medal
* Meritorious Service Medal
* Korea 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) AR20120004488
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ABCMR Record of Proceedings (cont) AR20120004488
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