RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 November 2005
      DOCKET NUMBER:  AR20050002337


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, in effect, that the National Defense Service
Medal (NDSM) and Overseas Service Bar; in addition, to any other awards he
is entitled to based on his service in Korea be added to his separation
document
(DD Form 214).

2.  The applicant states, in effect, he should have received the Overseas
Service Bar, National Defense Service Medal and other awards based on his
service in the Republic of Korea (ROK) from 12 May 1976 through 6 May 1977.

3.  In support of his application, the applicant provides a copy of his
Personnel Qualification Record (DA Form 2-1).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 December 1979.  The application submitted in this case
is dated 26 April 2004.

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.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 3 December 1975.  He was trained in, awarded, and
served in military occupational specialty (MOS) 63J (Quartermaster
Equipment Repairman), and the highest rank he attained while serving on
active duty was specialist (SPC).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows he
served overseas in Korea from 4 May 1976 through 3 May 1977.  Item 9
(Awards, Decorations & Campaigns) shows that during his active duty tenure,
he earned the Expert Qualification Badge with Rifle Bar (M-16).

5.  On 21 December 1979, the applicant was honorably separated, by reason
of expiration of his term of service (ETS).  The separation document (DD
Form 214) he was issued at the time confirms he completed a total of 3
years, 11 months, and 26 days of active military service.  Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) shows that during his active duty tenure, he earned the Expert
Qualification Badge with Rifle Bar
(M-16).

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-10 contains guidance on award of the NDSM.  It states,
in pertinent part, that it was awarded for honorable active service for any
period between 27 June 1950 and 27 July 1954 and between 1 January 1961 and

14 August 1974.  It was not authorized during the period between December
1975 and December 1979, the period the applicant served on active duty.

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) prescribes the authorization for wear, composition, and
classification of uniforms, and the occasions for wearing all personal
(clothing bag issue), optional, and commonly worn organizational Army
uniforms. It also prescribes the awards, insignia, and accouterments
authorized for wear on the uniform, and how these items are worn. General
information is also provided on the authorized material, design, and
uniform quality control system.  Chapter 28 contains guidance on the wear
of insignia and accouterments.  Paragraph 28-28, states in pertinent part,
that one Overseas Service Bar is authorized for each 6-month period a
member serves in a designated hostile fire area.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 5-4 contains guidance on award of the Overseas Service
Ribbon.  It states, in pertinent part, that effective 1 August 1981, all
members of the Active Army, National Guard and Army Reserve in an active
Reserve status are eligible for this award.  The ribbon may be awarded
retroactively to those personnel who were credited with a normal overseas
tour completion before
1 August 1981 provided that had an Active Army status as defined above on
or after 1 August 1981.  Retroactive award for members not serving on
active duty on the effective date, 1 August 1981, is not authorized.

9.  The Secretary of Defense approved the implementing instructions and
criteria for the Korea Defense Service Medal (KDSM) on 3 February 2004.
The KDSM is authorized to members of the Armed Forces who have served on
active duty in support of the defense of the ROK from 28 July 1954 to a
date to be determined.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the NDSM and Overseas
Service Bar for his service in Korea was carefully considered.  However,
there is insufficient evidence to support this claim.

2.  By regulation, the NDSM was authorized for active duty service
performed between 27 June 1950 and 27 July 1954 and between 1 January 1961
and
14 August 1974.  The evidence of record confirms the applicant did not
enter active duty until 3 December 1975, and that he served during a period
when the NDSM was not authorized.  Therefore, he is not eligible to receive
the NDSM.

3.  By regulation, the Overseas Service Bar is authorized for each six-
month period of service a member completes in a designated hostile fire
area.  Although Korea was a designated a hostile fire area during the
period between 1 April 1968 and 31 August 1973, the applicant did not serve
in Korea until 1976, at which time Korea was not a designated hostile fire
area.  Therefore, his service in Korea does not entitle him to an Overseas
Service Bar.

4.  The evidence of record does show that the applicant is entitled to the
KDSM based on his service in Korea during a qualifying period.  The
omission of this award is an administrative matter that does not require
Board action to correct.  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

___TDH _  __ JI  ___  ___CD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the National Defense Service Medal
or Overseas Service Bar.  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.  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 his entitlement to the Korea Defense Service Medal; and
by providing him a correction to this separation document that includes
this award.




                            _____Thomas D. Howard_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002337                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1979/12/21                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Expiration term of service (ETS)        |
|BOARD DECISION          |GRANT (Partial)                         |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.46     |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]