IN THE CASE OF:
BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130008850
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 the Air Force Outstanding Unit Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 February 1980.
2. The applicant states he was assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 2nd Air Defense Artillery (ADA), 38th ADA Brigade in Korea from 2 February 1979 to 2 February 1980.
3. The applicant provides:
* orders
* Department of the Army General Orders (DAGO) 8, dated 18 March 1982
* Lineage and Honors Information from the Center of Military History, United States Army
* an article from the internet
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. On 8 February 1977, he enlisted in the Regular Army for 3 years.
3. He provided Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, TX Orders 245-88, dated 15 December 1978. These orders assigned him to HHB, 1st Battalion, 2nd Air Defense in Korea to report in accordance with his port call on or about 8 February 1979.
4. He provided U.S. Army Military Personnel Center, Korea Orders 347-205, dated 13 December 1979. These orders transferred him from HHB,
1st Battalion, 2nd ADA to U.S. Army Transfer Point Oakland Army Base, Oakland CA with a reporting date of 5 February 1980.
5. DAGO 8, dated 18 March 1982, confirmed the award of the Air Force Outstanding Unit Award to the 38th ADA Brigade, which lists the 1st Battalion, 2nd ADA as a subordinate unit, for the period 7 November 1978 to 15 July 1981.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. Paragraph 7-3 states all unit awards from the other Services will be confirmed in DAGO.
b. 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. Orders provided by the applicant are sufficient to show he was assigned to the 1st Battalion, 2nd ADA in Korea during the period the unit was awarded the Air Force Outstanding Unit Award.
2. DAGO 8, dated 18 March 1982, confirmed the award of the Air Force Outstanding Unit Award to the applicant's unit. Therefore, this award should be added to his DD Form 214.
3. Based on his service in Korea after 28 July 1954 he is authorized the Korea Defense Service Medal. Therefore, this award should be added to 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 adding the following awards to his DD Form 214:
* Air Force Outstanding Unit Award
* 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) AR20130008850
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008850
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