IN THE CASE OF:  

		BOARD DATE:  8 February 2018

		DOCKET NUMBER:  AR20160005776


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Korea Defense Service Medal and the National Defense Service Medal. 

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above.
												
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.



		IN THE CASE OF:  

		BOARD DATE:  8 February 2018

		DOCKET NUMBER:  AR20160005776


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:SWF	:MWM	:RCH	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  McTigue, Philip H.  

		BOARD DATE:  8 February 2018

		DOCKET NUMBER:  AR20160005776


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Korea Defense Service Medal (KDSM) and a Certificate of Achievement.

2.  The applicant states, in effect, he served in Korea from April 1962 to          April 1963.  The KDSM was not authorized when he was separated.  He applied for and received the medal.  The Certificate of Achievement was awarded at Fort Hood, Texas, on 23 April 1964.   

3.  The applicant provides:

* DA Form 2496 (Disposition Form)
* letter verifying shipment of award
* Certificate of Achievement
* letter of appreciation/letter forwarding letter of appreciation 
* newspaper articles

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 enlisted in the Regular Army on 7 August 1961.

3.  His DA Form 24 (Service Record) shows he served in Korea from                  21 April 1962 through 15 April 1963.

4.   He was awarded a Certificate of Achievement for outstanding service to the United States Army on 23 April 1964.

4.  He was honorably released from active duty on 6 August 1964.  He was credited with completing 3 years of active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Army Good Conduct Medal.

5.  A review of his record indicates he is entitled to an additional award not listed on his DD Form 214.

REFERENCES:

1.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the DD Form 214 as a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior duty, and prior inactive duty service at the time of released from active duty, retirement, or discharge.  The instructions required the preparer to list all federally recognized awards and decorations for the separating Soldier's periods of service.  There was no provision to list a Certificate of Achievement or commendation.

2.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  KDSM is awarded 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 from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days.

	b.  NDSM is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974, both dates inclusive.

DISCUSSION:

1.  The governing regulation does not prescribe entering a Certificate of Achievement on the DD Form 214.
 
2.  The evidence confirms the applicant completed a qualifying period of service for award of the KDSM and NDSM. His DD Form 214 does not list these awards.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005776



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20160005776



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2