RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050004626


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 correction of his DD Form 214 (Report of
Separation from Active Duty) for the period ending 30 September 1979 to
show award of the Noncommissioned Officer Professional Development Ribbon
(NCOPDR), the Army Service Ribbon (ASR), the Overseas Service Ribbon (OSR),
and the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect, that these awards are missing on his
DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending
30 September 1979.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
30 September 1979.  The application submitted in this case is dated 15
March 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.  After having had prior service in the Army National Guard, the
applicant enlisted in the Regular Army on 16 February 1960.  He continued
to serve on active duty through a series of reenlistments.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he
served in Korea from 13 November 1960 through 5 March 1962.

5.  The applicant was released from active duty on 30 September 1979 and
placed on the retired list on the date following.  His DD Form 214 for the
period ending 30 September 1979 shows the National Defense Service Medal,
the Vietnam Service Medal with four bronze service stars, the Republic of
Vietnam Campaign Medal, two Overseas Service Bars, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation Badge, the Bronze Star Medal, the
Army Commendation Medal (First Oak Leaf Cluster), the Republic of Vietnam
Civil Actions Unit Citation, and the Army Good Conduct Medal (Fifth Award)
as authorized awards.

6.  Army Regulation 600-8-22 shows that the NCOPDR was established by the
Secretary of the Army on 10 April 1981.  Effective 1 August 1981, it is
awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers
in an active status for successful completion of designated Noncommissioned
officer professional development courses to include the Primary Leadership
Development Course.

7.  Army Regulation 600-8-22 (Military Awards) shows that the ASR was
established by the Secretary of the Army on 10 April 1981.  This 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 upon successful completion of initial
entry training.  The award 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.

8.  Army Regulation 600-8-22 shows that the OSR 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.

9.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the KDSM.  This message
specified criteria for the award of the KDSM 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty on 30 September 1979 and
was not in an Active status after 1 August 1981.  Therefore, he has not met
the requirements for award of the NCOPDR, the ASR or the OSR.

2.  The applicant's Personnel Qualification Record shows he served a period
of qualifying service in Korea for award of the KDSM.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1979; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 1982.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JA______  JM______  LD______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
KDSM.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the NCOPDR, the ASR, and the OSR.




                            James Anderholm_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004626                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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