IN THE CASE OF
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130022369
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 (Report of Separation from Active Duty) for the period ending 31 July 1979 to show the following:
* Meritorious Service Medal (MSM)
* Korea Defense Service Medal (KDSM)
2. He states he served two tours in Korea from 1964 to 1965 and from 1970 to 1971. The medals were omitted due to human error.
3. The applicant provides Permanent Orders Number 35-6 issued by Headquarters 3rd Infantry Division, dated 7 March 1980, Meritorious Service Medal (MSM) orders and certificate.
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 record contains a DA Form 2-1 (Personnel Qualification Record Part II) which shows he served two tours of duty in Korea from 10 June 1964 to 10 July 1965 and from 21 May 1970 to 15 June 1971.
3. He provided Permanent Order Number 35-6, dated 7 March 1980, showing he was awarded the MSM for exceptionally meritorious service for the period July 1971 to July 1979.
4. The applicant retired on 31 July 1979 after completing 21 years, 10 months, and 27 days of honorable active service. His DD Form 214 shows he received the following awards:
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Army Commendation Medal (2nd Award)
* Expert Field Medical Badge
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the MSM by permanent orders. Therefore, he is entitled to addition of this award to his DD Form 214.
2. His record shows he served on active duty in support of the defense of Korea from 10 June 1964 to 10 July 1965 and from 21 May 1970 to 15 June 1971. As a result, he is authorized addition of the KDSM 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 MSM and KDSM to his DD Form 214 for the period ending 31 July 1979.
__________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) AR20130022369
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ABCMR Record of Proceedings (cont) AR20130022369
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