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ARMY | BCMR | CY2005 | 20050001317C070206
Original file (20050001317C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050001317


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |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 reconsideration of his request to be awarded the
Overseas Service Ribbon in recognition of his service in Korea between June
1971 and August 1972.

2.  The applicant states, in effect, that he is entitled to the award
because the ribbon may be awarded retroactively to those individuals who
were credited with a normal overseas tour before 1 August 1981.  He states
that he has been mobilized since 3 June 2004, proving that had an active
Army status on or after
1 August 1981, and therefore is eligible for the award.

3.  The applicant provides copies of orders showing he was ordered to
active duty for 365 days in June 2004.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002074730, on
15 April 2003.

2.  In the Board's original proceedings the Board implied that if the
applicant were able to submit documentation confirming his Active Federal
Status he may be eligible for the Overseas Service Ribbon.  The applicant
has provided what he believes fulfills that requirement and as such,
reconsideration of his request is warranted.

3.  As noted in the previous Memorandum of Consideration, the applicant did
serve in Korea for 13 months.  His tour of duty occurred between June 1971
and August 1972.  His records also confirm that he was awarded an Armed
Forces Expeditionary Medal in recognition of that service.  The award is
reflected on his 1974 separation document completed at the time he was
released from active duty upon completion of his Regular Army enlistment
contract.

4.  In addition to noting that individuals with an active Army status on or
after
1 August 1981 were entitled to the Overseas Service Ribbon for overseas
tours




completed prior to that date, Army Regulation 600-8-22 (Military Awards)
also stated that the Overseas Service Ribbon would not be awarded for
overseas service recognized with another United States service medal.

5.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.  The applicant's tour of duty in
Korea does entitle him to this decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's active status, on or after 1 August 1981, is not at
issue.  The fact that the applicant was awarded the Armed Forces
Expeditionary Medal in recognition of his service in Korea precludes award
of the Overseas Service Ribbon.

2.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP___  __JM____  ___LO __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2002074730, dated 15 April 2003.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show entitlement to the Korea Defense Service Medal.




                                  _____ William Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001317                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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