IN THE CASE OF: BOARD DATE: 4 August 2023 DOCKET NUMBER: AR20230000231 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * Korea Defense Service Medal * Meritorious Service Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), 14 September 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he wants the Korea Defense Service Medal and the Meritorious Service Medal added to his DD Form 214, 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show awards of the: * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. Having had prior service in the Regular Army, the applicant reenlisted in the Regular Army on 21 May 1976. He served through multiple reenlistments in a variety of stateside or overseas assignments. 5. His DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service) in part, service in Korea from 26 February 1986 to 8 January 1987, in addition to two tours in Germany. b. item 9 (Awards, Decorations and Campaigns) does not show award of the Meritorious Service Medal. 6. On 30 April 1989, he was honorably retired from active duty. His DD Form 214 shows that he completed 12 years, 11 months, and 10 days of net active service this period, with 7 years and 23 days of prior service. and he was awarded or authorized the: * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * National Defense Service Medal * Noncommissioned Officer Development Ribbon second ribbon * Army Good Conduct Medal (5th Award) * Driver Mechanic Badge * Army Commendation Medal (3rd Award) * Army Achievement Medal 7. His records are void, nor did the applicant provide permanent of general orders awarding him the Meritorious Service Medal. 8. By regulation (AR 600-8-22), award of the Meritorious Service Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered the applicant s contentions, the military record, and regulatory guidance. Evidence of record is insufficient to show that the applicant was considered for or received the Meritorious Service Medal and the documentation which the applicant provided does not reveal a recommendation, approval or an announcement. In the absence of supporting documentation available in the record or provided by the applicant, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :xx :xx :xx GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD214 for the period ending 30 April 1989 to show: * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records show he was awarded or authorized the following awards not listed on his DD Form 214: * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) states: 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Korea Defense Service Medal is authorized for award to Servicemembers of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows: * The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas * The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense * Servicemembers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000231 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1