BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150018323 BOARD VOTE: ____x_____ _x______ __x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150018323 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * correcting item 26 of his 23 January 1975 DD Form 214 by – * deleting the "Good Conduct Medal (4th Award)" * adding the – * Army Good Conduct Medal (5th Award) * Korea Defense Service Medal * adding to item 26 of his 31 January 1979 DD Form 214 the – * Meritorious Service Medal * Korea Defense Service Medal ___________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. BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150018323 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 31 January 1979 DD Form 214 (Report of Separation from Active Duty) to show award of the Meritorious Service Medal and the Korea Defense Service Medal. 2. The applicant states he departed on transition leave on 15 December 1978 and was placed on the retired list effective 1 January 1979. He received copies of his retirement award documents in the mail after he had retired from active duty. He states he was recently notified that he is authorized the Korea Defense Service Medal; however, he did not request the award. He adds that he did not receive orders for the service medal and asks if this award is automatic. 3. The applicant provides copies of his Meritorious Service Medal orders and 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. The applicant had prior honorable enlisted service in the U.S. Army Reserve (USAR) from 25 April 1956 through 19 July 1959. a. He enlisted in the Regular Army (RA) on 20 July 1959 and continued to serve on active duty through 23 January 1975. He attained the grade of rank of sergeant first class/pay grade E-7. b. A review of his military personnel records, including six DD Forms 214 that he was issued during this period of service, show he was awarded the – * Army Commendation Medal * Army Good Conduct Medal (4th Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Driver and Mechanic Badge * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * Marksman Marksmanship Qualification Badge with Browning Automatic Rifle and Grenade Launcher Bars 3. The applicant was appointed as a reserve warrant officer of the Army, in the rank of warrant officer one/pay grade W-1, on 24 January 1975. He was promoted to chief warrant officer two/pay grade W-2 on 24 January 1977. 4. His DA Form 2-1 (Personnel Qualification Record), in pertinent part, shows in: * item 5 (Oversea Service) – * Greenland from 29 August 1960 through 28 August 1961 * Hawaii from 25 August 1962 through 24 February 1967 * Korea from 23 March 1968 through 17 April 1969 * Ryukyu Islands (Okinawa) from 24 August 1970 through 14 July 1973 * Korea from 17 November 1974 through 8 December 1975 * Item 9 (Awards, Decorations, and Campaigns) does not show the Meritorious Service Medal or the Korea Defense Service Medal – 5. A DD Form 214 shows the applicant entered active duty this period on 24 January 1975, honorably retired from active duty on 31 January 1979, and transferred to the USAR Control Group (Retired). He had completed 4 years and 7 days of net active duty service this period; 16 years and 9 days of prior active service; 20 years and 26 days of total active service; 2 years, 8 months, and 10 days of prior inactive service; and 22 years, 9 months, and 6 days of total service for retied pay. It also shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the – * Army Commendation Medal (1st Oak Leaf Cluster) * National Defense Service Medal * Army Good Conduct Medal with Clasp, 5 Loops (5th Award) * Driver and Mechanic Badge * Armed Forces Expeditionary Medal (Korea) 6. A National Personnel Records Center, Military Personnel Records, St. Louis, MO, letter, dated 31 January 2008, shows the applicant was notified that he was authorized the following awards – * Army Commendation Medal (1st Oak Leaf Cluster) * Army Good Conduct Medal (5th Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Driver and Mechanic Badge * Korea Defense Service Medal 7. In support of his application the applicant provides copies of Headquarters, III Corps, Fort Hood, TX, Permanent Orders 6-2, dated 22 January 1979, and a DA Form 4980-12 (Meritorious Service Medal Certificate), dated 19 January 1979, that show the applicant was awarded the Meritorious Service Medal for meritorious service during the period February 1969 to January 1979. 8. A review of the applicant's military personnel records failed to reveal that a DD Form 215 (Correction to DD Form 214) was issued to correct his final DD Form 214 to show he was awarded the Meritorious Service Medal or the Korea Defense Service Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. b. The Korea Defense Service Medal 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 (ROK). The area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility. c. Chapter 1 (Introduction), paragraph 1-27 (Announcement of awards), shows service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria. Orders are not required. DISCUSSION: 1. Permanent orders awarded the applicant the Meritorious Service Medal. 2. Records show the applicant served in the defense of the ROK from 23 March 1968 to 17 April 1969 and also from 17 November 1974 to 8 December 1975. a. This service qualified him for award of the Korea Defense Service Medal. b. The evidence of record shows service medals are administratively awarded to individuals who meet the qualifying criteria; orders are not required. 3. The evidence of record also shows the applicant was awarded the Army Good Conduct Medal (5th Award). However, the DD Form 214 he was issued when he was discharged from the RA on 23 January 1975 to accept appointment as a warrant officer shows the Army Good Conduct Medal (4th Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018323 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018323 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2