IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140012961
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 the Korea Defense Service Medal and the second award of the Meritorious Service Medal.
2. The applicant states the Korea Defense Service Medal is a new medal awarded for service in Korea and the Meritorious Service Medal (1st Oak Leaf Cluster or 2nd Award) is missing from his DD Form 214.
3. The applicant provides his DD Form 214, DA Form 2-1 (Personnel Qualification Record), DA Form 638-1 (Recommendation for Award), and an award 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. Having had prior active service, the applicant enlisted in the Regular Army on 27 May 1977. He served continuously on active duty and he was promoted to the rank/grade of master sergeant (MSG)/E-8 on 1 October 1993.
3. He was retired on 30 September 1995 in the rank of MSG and he was placed on the Retired List on 1 October 1995.
4. The DD Form 214 he was issued, in part, shows award of the Meritorious Service Medal, Southwest Asia Service Medal with 3 bronze service stars, and the Kuwait Liberation Medal. It does not show the Korea Defense Service Medal.
5. Item 18 (Remarks) of his DD Form 214 contains an entry that shows he served in Southwest Asia from 7 January 1991 to 4 May 1991.
6. The applicant provides and his record contains his DA Form 2-1, prepared on 4 April 1988 and reviewed on 17 January 1995. Item 5 (Oversea Service) of this form, in part, shows he was credited with serving in Korea from 12 June 1985 to 9 June 1986 and in Southwest Asia from 7 January 1991 to 4 May 1991. Item 9 (Awards, Decorations & Campaigns), in part, shows the Meritorious Service Medal (1st Award).
7. The applicant provides:
a. A DA Form 638-1, dated 27 June 1995, showing he was recommended for award of the Meritorious Service Medal (2nd Award) for the period 1 October 1985 to 30 September 1995. Item 13 (Previous Awards) of this form lists the Meritorious Service Medal, Army Commendation Medal (3rd Award), and the Army Achievement Medal. The approving authority, Lieutenant General (LTG) PEF, subsequently approved the award of the Meritorious Service Medal (2nd Award) and this form shows Permanent Order (PO) A-259-8 was issued on 6 September 1995 by Headquarters, III Corps and Fort Hood, Fort Hood TX.
b. An award certificate signed by LTG PEF, dated 11 September 1995, awarding him the Meritorious Service Medal for the period 1 October 1985 to 30 September 1995. This certificate lists PO A-259-8.
8. Army Regulation 600-8-22 (Military Awards) states the:
a. Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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. Kuwait Liberation Medal-Saudi Arabia, awarded by the Kingdom of Saudi Arabia, was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.
c. Kuwait Liberation Medal-Kuwait, awarded by the Government of Kuwait, was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded the Meritorious Service Medal (2nd Award) while his DD Form 214 only shows one award of the medal. Therefore, he is entitled to correction of his DD Form 214 accordingly.
2. He served in Korea during a qualifying period of service for award of the Korea Defense Service Medal; he served in Southwest Asia during a qualifying period of service for award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait. Therefore, his DD Form 214 should be corrected to show these medals.
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 by:
* deleting the Meritorious Service Medal and Kuwait Liberation Medal
* adding the Meritorious Service Medal (2nd Award), Korea Defense Service Medal, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait
__________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) AR20140012961
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ABCMR Record of Proceedings (cont) AR20140012961
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