RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 03 NOVEMBER 2005 DOCKET NUMBER: AR20050000993 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. Ronald DeNoia Analyst The following members, a quorum, were present: Mr. Thomas Howard Chairperson Mr. John Infante Member Ms. Carmen Duncan 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 that his records be corrected to show award of the Republic of Korea War Service Medal (ROKWSM). 2. The applicant states he received the ROKWSM in 2000. 3. The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of separation of 13 November 1953; a DD Form 215 (Correction to DD Form 214), dated 27 January 2004; and a letter from the President of the Republic of Korea, dated 25 June 2000. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 25 June 2000. The application submitted in this case is dated 14 January 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 previously applied to this board for various corrections of his records. On 24 June 2003 the board granted relief with the exception of the ROKWSM. The applicant was advised to apply to the Air Force Personnel Center, Randolph Air Force Base, Texas for this award and upon approval he may reapply to this board to add this foreign award to this DD Form 214. 4. A staff member of the ABCMR contacted the Air Force Personnel Center, Randolph Air Force Base concerning this issue. The Air Force Recognition Branch has verified that the applicant is entitled to the ROKWSM and was issued this medal in September 2000. DISCUSSION AND CONCLUSIONS: 1. The applicant's entitlement to this award has been verified, therefore his records should be corrected by showing award of the ROKWSM. 2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 June 2000, the date of his separation; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 June 2003. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on submission of evidence showing that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ___TH___ ____JI __ ___CD__ 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 that he was awarded the Republic of Korea War Service Medal and to have this award added to his separation document. _____Thomas Howard_________________ CHAIRPERSON INDEX CASE ID AR20050000993 SUFFIX RECON DATE BOARDED 20051103 TYPE OF DISCHARGE HD DATE OF DISCHARGE 19531118 DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.0000.0000 2. 3. 4. 5. 6.