RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  4 December 2003
	DOCKET NUMBER:  AR2003087325

	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	
	Ms. Joyce A. Wright 		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 that her records be corrected to show that she was awarded the Republic of Korea Presidential Unit Citation, the Korean Service Medal, and the Women's Army Corps (WAC) Service Medal.

2.  The applicant states that through administrative error all of her authorized awards were omitted from her DD Form 214 (Certificate of Release or Discharge from Active Duty).   

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 18 December 1980, the date of her discharge.  The application submitted in this case is dated 16 February 2003.  

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 limitation 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 military records show that she enlisted on 26 June 1974.  She continued to serve until she was honorably released from active duty on 25 June 1976.  She was transferred to the Army Reserve.  She reenlisted on 12 September 1978.  She served in Korea from 26 September 1978 to 26 September 1979.  She continued to serve until she was honorably discharged on 18 December 1980, under the provisions of Army Regulation 635-200, chapter 8-6, due to pregnancy. 

4.  The applicant’s DD Form 214, dated 30 September 1972, shows she was awarded the Good Conduct Medal and the National Defense Service Medal.  Her DD Form 214 does not show the Republic of Korea Presidential Unit Citation, the Korean Service Medal, or the WAC Service Medal as authorized awards.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict.  This document shows the applicant's unit was not cited for award of the Republic of Korea Presidential Unit Citation while she was assigned to it.  

6.  Army Regulation 600-8-2 provides, in pertinent part, the Republic of Korea Presidential Unit Citation is awarded by the Korean government.

7.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, that regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operation between 27 June 1950 and 27 July 1954. 

8.  The Women's Army Corps Service Medal was established by Executive Order 9365, announced in War Department Bulletin 17, dated 1943.  It is awarded for service in both the Women's Army Auxiliary Corps between 10 July 1942 and 31 August 1943 and the Women's Army Corps between 1 September 1943 and 2 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The Department of the Army Pamphlet 672-1 shows the applicant's unit was not cited for award of the Republic of Korea Presidential Unit Citation.  Therefore, there is no evidence on which to base award of the Republic of Korea Presidential Unit Citation in this case.  

2.  The applicant did not serve a period of qualifying service for award of the Korean Service Medal.  Therefore, there is no evidence on which to base award of the Korean Service Medal in this case.

3.  The applicant’s record shows that she did not serve a qualifying period for award of the Women's Army Corp Service Medal.  Therefore, she is not entitled to correction of her records to show this award.

4.  Records show the applicant should have discovered the error or injustice now under consideration on 18 December 1980; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 December 1983.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wm____  ___kl___  __ar___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

		___Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087325	
SUFFIX		
RECON		
DATE BOARDED	20031204	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19801218	
DISCHARGE AUTHORITY	AR 635-200. chap 8	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	46	
2.		
3.		
4.		
5.		
6.