BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140018437
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 reflect his name change and to show award of the Meritorious Service Medal (MSM).
2. The applicant states his retirement award is not reflected on his DD Form 214. He would like it to be added so that he may pass it on to his children.
3. The applicant provides:
* DD Form 214
* DA Form 638 (Recommendation for Award)
* MSM 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. With regard to the applicants request to correct his DD Form 214 to reflect his name change, it appears that the Army Human Resources Command has already made that correction; therefore, this part of his request will not be discussed any further in these proceedings.
3. He enlisted in the Regular Army on 13 June 1978. He completed training and was awarded military occupational specialty 11B (Infantryman).
4. His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) he served in Korea from 16 July 1980 to 10 June 1984.
5. Permanent Order (PO) Number 170-7, dated 19 June 1998, awarded him the MSM for meritorious service for the period 1 July 1988 to 1 July 1998.
6. On 30 June 1998, he was released from active duty and placed on the Retired List the following day.
7. His DD Form 214 does not show award of the MSM or the KDSM.
8. Army Regulation 600-8-22 (Military Awards) 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 area of eligibility encompasses all land area of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The basic criteria require that service members to have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the MSM and it is not shown on his DD Form 214. He is entitled to correction of his DD Form 214 to show the MSM.
2. His service met the criteria for award of the KDSM. Therefore, he is entitled to have this medal 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 amending his DD Form 214 to show he was awarded the MSM and KDSM.
_______ _ 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) AR20140018437
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