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Decision Text

ARMY | BCMR | CY2001 | 2001064048C070421
Original file (2001064048C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001064048


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the National Defense Service Medal, the “Overseas Service Medal” (correctly known as the Overseas Service Ribbon), the Korean Service Medal, and any other awards to which he is entitled.

3. The applicant states that he is eligible for these awards since he served in Korea from January 1961 to September 1962. As of this time, he has not been awarded these ribbons. In support of his application, he submits a supplemental letter. The applicant states that he submitted copies of his DD Form 214, discharge orders and assignment orders to Korea; however, these documents were not attached to his application.

4. The applicant’s military records show that he entered active duty on 4 November 1959 and completed basic and advanced individual training at Fort Knox, Kentucky. He served in Korea from 14 December 1960 through 30 August 1962 and was honorably released from active duty on 4 September 1962.

5. The applicant’s DD Form 214 does not show the National Defense Service Medal, the Overseas Service Medal, or the Korean Service Medal as authorized awards.

6. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

7. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.


CONCLUSIONS:

1. The applicant served a period of qualifying service authorized for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

2. Evidence of record shows the applicant served in Korea from 14 December 1960 through 30 August 1962. However, there is no evidence that the applicant had an active Army status on or after 1 August 1981. Since he did not have an active Army status on or after 1 August 1981, he is not eligible for retroactive award of the Overseas Service Ribbon for his service Korea.

3. The applicant also did not serve a period of qualifying service in Korea for award of the Korean Service Medal; therefore, there is no basis for correcting his DD Form 214 to show award of the Korean Service Medal.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the National Defense Service Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

FNE_____ TSK____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON



INDEX

CASE ID AR2001064048
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020110
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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