RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20050001559 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. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. Paul Smith Chairperson Ms. Yolanda Maldonado Member Mr. Leonard Hassell 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation (Navy) and the Korean Defense Service Medal. 2. The applicant states he was separated from the service prior to award of the Meritorious Unit Commendation (Navy) and that the Korean Defense Service Medal is a newly authorized medal. 3. The applicant provides no evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of alleged errors which occurred on 20 July 1989. The application submitted in this case is dated 21 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 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 enlisted on 22 June 1984, served as a practical nurse and was honorably discharged on 20 July 1989. 4. The applicant’s DD Form 214 does not show the Meritorious Unit Commendation (Navy) or the Korean Defense Service Medal as authorized awards. 5. The applicant’s DA Form 2166-7 (Noncommissioned Officer Evaluation Report) covering the period September 1988 to July 1989 shows he was assigned to the 121st Evacuation Hospital in Korea. 6. The Military Awards Branch Army Numerical Unit Listing shows the applicant's unit (121st Evacuation Hospital, Institute of Surgical Research) was cited for award of the Meritorious Unit Commendation (Navy) for actions during the period 20 March 1989 to 23 March 1989 based on Department of the Army General Order Numbers 6 and 15, dated 1990. 7. The Secretary of Defense approved the implementing instructions and criteria for the Korean Defense Service Medal on 3 February 2004. The Korean Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant's unit was cited for award of the Meritorious Unit Commendation (Navy) while he was assigned to it. 2. The applicant served a period of qualifying service for award of the Korean Defense Service Medal. 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 July 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 July 1992. The applicant did not file within the 3-year statute of limitations; however, based on the evidence provided it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: PS_____ YM_____ LH______ GRANT 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 that he was awarded the Meritorious Unit Commendation (Navy) and the Korean Defense Service Medal. ____Paul Smith________ CHAIRPERSON INDEX CASE ID AR20050001559 SUFFIX RECON DATE BOARDED 20050830 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.0034 2. 107.0000 3. 4. 5. 6.