RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 NOVEMBER 2005
      DOCKET NUMBER:  AR20050001832


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 that his records be corrected to reflect award
of the Korea Defense Service Medal and the Army Service Ribbon, which he
refers to as the Army Service Medal.

2.  The applicant states he is entitled to both decorations and notes, in
effect, that the Korea Defense Service Medal did not exist at the time he
was discharged from active duty.  He also states that the Michigan Army
National Guard did not issue him the Army Service Ribbon.

3.  The applicant provides copies of his 1975 active duty separation
document and his 1985 National Guard Bureau separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 April 1985.  The application submitted in this case is
dated
25 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 limitations 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.  Records available to the Board indicate the applicant served an initial
period of active duty between October 1969 and January 1972.  In December
1972 he reenlisted and returned to active duty.

4.  Following his December 1972 return to an Active Army status, the
applicant was initially assigned to an Army medical facility in Colorado.
He was reassigned to the 2nd Infantry Division in Korea In September 1974.
At the time of his reassignment to Korea, the applicant was serving in pay
grade E-4.

5.  In October 1974 the applicant was punished under Article 15 of the
Uniform Code of Military Justice for use of marihuana.  His punishment
included reduction to pay grade E-3, forfeiture of pay, and 45 days of
extra duty and restriction.

6.  The applicant's records indicate that he was counseled in November 1974
regarding illegal use of marihuana, needing a haircut, and twice for his
uniform appearance.  In December 1974 he was again counseled concerning his
uniform and appearance.

7.  On 5 January 1975 he failed to return from ordinary leave and was
placed in an AWOL (absent without leave) status.  He returned to military
control on
9 January 1975 and was subsequently reduced to pay grade E-2.

8.  Ultimately, the applicant's unit commander barred the applicant from
reenlisting and initiated action to administratively separate him from
active duty for unfitness.  The recommendation was approved and on 7 March
1975 the applicant was discharged under honorable conditions.

9.  On 24 April 1984 the applicant enlisted in the Michigan Army National
Guard and was honorably discharged from the National Guard 1 year later on
23 April 1985 at the expiration of his enlistment period.

10.  Army Regulation 600-8-22 states that service medals and service
ribbons denote honorable performance of military duty within specified
limited dates in specified geographical areas.

11.  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.

12.  Army Regulation 600-8-22 states that the Army Service Ribbon was
established on 10 April 1981 and awarded for successful completion of
initial entry training by members of the Active Army, Army National Guard,
and United States Army Reserve in an active Reserve status.  The ribbon may
be awarded retroactively to those personnel who completed the required
training before
1 August 1981 provided they had an Active Army status on or after 1 August
1981.
DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have served in Korea, the evidence in his
record indicates that his performance during that overseas assignment was
not entirely honorable as evidenced by his reduction in grade following
punishment under Article 15 of the Uniform Code of Military Justice on two
separate occasions.  The record indicates the applicant's performance of
his military duties was not honorable and as such, it would be
inappropriate to recognize that service by an award of the Korea Defense
Service Medal.

2.  Although the applicant may have been a member of the Army National
Guard after 1 August 1981 he did not hold an Active Army status after that
date and as such, is not eligible for the Army Service Ribbon.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 April 1985; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
22 April 1988.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JA  ___  __TO ___  __CK ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____ James Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001832                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051001                                |
|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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