IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140010990
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 he is authorized the Korea Defense Service Medal (KDSM) and the Meritorious Unit Commendation (MUC).
2. The applicant states he discovered he was eligible for the KDSM as it is retroactive to the 1950's. He states that review of Headquarters and Headquarters Troop (HHT), 4th Squadron (SQDN), 3rd Armored Cavalry Regiment (ACR) unit record shows it was awarded the MUC during that timeframe that he served.
3. The applicant provides:
* typewritten page, possible from a website, stating HHT, 4th SQDN, 3rd ACR was awarded the MUC
* Pending Awards Notes
* General Orders Number 1, dated 31 March 1996
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 for 3 years on 4 August 1983. He completed training as an ambulance driver. He remained on active duty through continuous extensions and reenlistments.
3. The applicant arrived in Korea on 11 July 1985 and he was assigned to Health Services Command, 2nd Medical Battalion, 2nd Infantry Division. He departed Korea en-route to the United States on 31 July 1989. He was assigned to HHT, 4th SQDN, 3rd ACR, Fort Bliss, TX on 30 August 1989.
4. On 29 September 1990, the unit to which he was assigned departed the United States en-route to Saudi Arabia. His unit departed Saudi Arabia en-route to the United States on 4 April 1991.
5. On 18 July 1992, the applicant departed the United States en-route to Korea. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 506th Infantry, 1st Brigade, 2nd Infantry Division. He departed Korea en-route to the United States on 22 July 1993.
6. On 3 August 1998, the applicant was honorably discharged upon completion of his required active service. His DD Form 214 does not show he is authorized the KDSM or the MUC.
7. General Orders Number 1 was published on 31 March 1996, awarding the HHT, 4th SQDN, 3rd ACR the MUC for the period 23 September 1990 through 5 April 1991.
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after
1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows that he is authorized the MUC and the KDSM. His DD Form 214 should be amended to show both awards.
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 amending his DD Form 214 to show he is authorized the Meritorious Unit Commendation and the 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) AR20140010990
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