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ARMY | DRB | CY2005 | 20050011665
Original file (20050011665.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 March 2006
      DOCKET NUMBER:  AR20050011665


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas H. Reichler            |     |Member               |
|     |Mr. Scott W. Faught               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Korea Defense Service
Medal (KDSM), and correction of the middle initial of his spouse entered in
Item 19b (Nearest Relative) of his 30 April 1993 separation document (DD
Form 214).

2.  The applicant states, in effect, that he is requesting his record be
corrected to show his entitlement to the KDSM.  He also claims that the
middle initial of his spouse in Item 19b of his DD Form 214 is incorrectly
entered as M, when in fact her middle initial is N.

3.  The applicant provides an extract of his 2 March 1990 Enlistment
Contract (DD Form 4/1), an extract of his Personnel Qualification Record
(DA Form 2-1), and his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 April 1993, the date of his separation for retirement.
The application submitted in this case is dated 2 August 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he initially enlisted in the Regular
Army and entered active duty on 17 August 1971.  His DA Form 2-1 shows that
he served in Korea from 7 August 1989 through 29 June 1990.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains an
Application for Uniformed Services Identification Card DEERS Enrollment (DD
Form 1172), dated 14 June 1992, which confirms the middle initial of the
applicant's spouse is N.

5.  On 30 April 1994, the applicant was honorably released from active duty
for the purpose of retirement after completing a total of 20 years, 2
months, and 22 days of active military service.  Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of
the DD Form 214 he was issued at this time shows he earned the following
awards during his active duty tenure:  Meritorious Service Medal; Army
Commendation Medal 3rd Oak Leaf Cluster; Army Achievement Medal 1st Oak
Leaf Cluster; Army Good Conduct Medal (6th Award); National Defense Service
Medal with 1 bronze service star; Noncommissioned Officer Professional
Development Ribbon (Advance Level); Army Service Ribbon; Overseas Service
Ribbon (3rd Award); Expert Qualification Badge with Pistol Bar; and
Marksman Qualification Badge with Rifle Bar.

6.  Item 19b of the applicant's DD Form 214 contains the name of the
applicant's spouse and has the letter M listed as her middle initial.

7.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the KDSM.  This message
specified criteria for the award of the KDSM as follows:  a) service
members of the armed forces must have served in support of the defense of
the Republic of Korea from 28 July 1954 through a future date to be
determined by the Secretary of Defense;  b) the area of eligibility
encompasses all land area of the Republic of Korea, and the contiguous
water out to 12 nautical miles, and all air spaces above the land and water
areas;  c) service members must have been mobilized with units or assigned
or attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for
30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant completed a tour in Korea
from 7 August 1989 through 29 June 1990.  As a result, he is entitled to
the KDSM and it would be appropriate to add this award to his record at
this time.

2.  The record also shows that the middle initial of the applicant's spouse
is N and not M as is indicated in Item 19b of the applicant's DD Form 214,
as evidenced by the DD Form 1172 on file in the applicant's record.  Thus,
it would also be appropriate to correct this item of the separation
document.

BOARD VOTE:

___JEA     ___THR__  __SWF__  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing his entitlement to the Korean
Defense Service Medal; by showing that the correct middle initial of his
spouse is N and not M as is indicated in Item 19b of his DD Form 214; and
by providing him a correction to his separation document that includes
these changes.




                            ____James E. Anderholm___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011665                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |Y1993/04/30                             |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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