IN THE CASE OF:	  

		BOARD DATE:  11 September 2012

		DOCKET NUMBER:  AR20120004776 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* "Korea Service Medal" (i.e. the Korea Defense Service Medal (KDSM))
* Humanitarian Service Medal (HSM)
* United Nations Medal (UNM)

2.  The applicant states:

	a.  He requested and received the KDSM after the Department of Defense authorized this medal; however, he has lost the memorandum that was sent to him by the National Personnel Records Center (NPRC).  The NPRC has no record of this request; however, a review of his file would provide evidence that he did serve in Korea from 1972 to 1977, from January to June 1980, and from 1988 to 1992.

	b.  He has the memoranda that awarded him the HSM and UNM for Haiti.  It is important to note that he received two DD Forms 215 (Correction to DD Form 214) to reflect additional awards.  They are dated 8 and 25 January 2001.

3.  The applicant provides:

* two DD Forms 215
* two authorization for wear of the UMN and HSM memoranda

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 military record shows he was appointed in the U.S. Army Reserve, as a first lieutenant, on 16 June 1981, and entered on active duty the same day, with prior enlisted and warrant officer service.  He was promoted to major on 1 November 1991.

3.  He served in Korea from 2 October 1972 through 28 October 1977 and from 15 January 1980 through 30 March 1980. 

4.  He served continuously on active duty in a variety of staff or leadership positions until he was honorably retired in the rank of major on 28 February 1998. His DD Form 214 does not list the KDSM, HSM, or the UNM.

5.  On 8 January 2001, he was issued a DD Form 215 which deleted the Armed Forces Expeditionary Medal and Joint Service Commendation Medal and added the Armed Forces Expeditionary Medal (Korea), Armed Forces Expeditionary Medal (Bosnia), Joint Service Commendation Medal with one oak leaf cluster, Joint Meritorious Unit Award, Army Good Conduct Medal with bronze clasp and two loops, and Military Outstanding Volunteer Service Medal.

6.  On 25 January 2001, he was issued a DD Form 215 which deleted the Joint Service Commendation Medal and added the Joint Service Commendation Medal with one oak leaf cluster.

7.  In memoranda, dated 8 May 2008, Headquarters and Headquarters Company, 3rd Special Forces Group (Airborne), authorized him wear of the HSM and UNM for his service in Haiti in support of Operation Restore Democracy.

8.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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.

9.  Army Regulation 600-8-22 also states the HSM is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

10.  Table C-1 of Army Regulation 600-8-22 further shows the Joint Task Force Operation Uphold/Restore Democracy (10 September 1994 to 31 March 1995) in Haiti was approved by the Department of Defense as qualifying for award of the HSM.

11.  Army Regulation 600-8-22 also states the UNM is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Mission in Haiti.  The UNM is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the UNM.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant completed a qualifying period of service in Korea for award of the KDSM.  Therefore, he is entitled to this award and its addition to his DD Form 214.  Additionally, he was authorized award of the HSM and UNM in support of Operation Restore Democracy in Haiti. Therefore, he is entitled to correction to his DD Form 214 to show these awards.

BOARD VOTE:

___X ___  ___X____  ___X  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant's DD Form 214 for the period ending 28 February 1998 the:

* Korea Defense Service Medal
* Humanitarian Service Medal
* United Nations 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)                                         AR20120004776



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ABCMR Record of Proceedings (cont)                                         AR20120004776



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