IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015330
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 Meritorious Service Medal (MSM) and the Korea Defense Service Medal (KDSM).
2. The applicant states, in effect, the MSM was awarded to him just before he retired and it should have been entered on his DD Form 214. He also states he served in the Republic of Korea (ROK) during 1974 1975, 1977 1979, and 1980 - 1982.
3. The applicant provides a copy of a DA Form 4980-12 (Certificate for Award of the MSM), dated 19 June 1992.
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 enlisted in the Regular Army on 5 June 1972. He served through a series of assignments both in the United States and overseas.
3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the ROK on three separate tours totaling about 66 months.
4. A DA Form 4980-12, as provided by the applicant, indicates that Permanent Orders Number 69-04, National Training Center, announced award of the MSM to the applicant for meritorious service for his last 10 years of active duty.
5. On 30 June 1992, the applicant was retired due to length of service. He had attained the rank of sergeant first class, pay grade E-7, and had completed
20 years and 26 days of creditable active duty service.
6. The applicant's DD Form 214, issued in conjunction with his retirement, does not show he was awarded either the MSM or the KDSM.
7. Army Regulation 600-8-22 (Military Awards):
a. The MSM 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. 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 ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the MSM and the KDSM.
2. The available evidence clearly shows the applicant served three tours of duty in the ROK between 1974 and 1982. Therefore, his DD Form 214 should be corrected to show he is authorized the KDSM.
3. The DA Form 4980, as provided by the applicant, indicates that permanent orders announced award of the MSM. This document is sufficient as a basis for correcting his DD Form 214 to show this medal.
4. In view of the above, the applicant's request should be granted.
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 two awards to his DD form 214:
* 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) AR20130015330
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ABCMR Record of Proceedings (cont) AR20130015330
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