RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 November 2005
      DOCKET NUMBER:  AR20050004670


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 Noncommissioned Officer
(NCO) Professional Development Ribbon (NCOPDR), Army Service Ribbon (ASR),
Overseas Service Ribbon (OSR), Korea Defense Service Medal (KDSM) and
United Nations Medal (UNM) be added to his record and separation document
(DD Form 214).

2.  The applicant states, in effect, he was never awarded these ribbons and
medals and now realizes he is entitled to them.

3.  The applicant provides the following documents in support of his
application:  NCO Academy Orders; Germany Assignment Orders; Korea
Assignment Orders; and a National Personnel Records Center (NPRC) Letter.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 24 September 1970.  The application submitted in this case
is dated 21 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.  The applicant’s record shows he initially enlisted in the Army and
entered active duty on 30 October 1956.  He served on active duty for 2
years until 29 October 1958, at which time he was honorably separated at
the expiration of his term of service (ETS).

4.  On 21 January 1959, the applicant reenlisted in the Army and reentered
active duty.  His Enlisted Qualification Record (DA Form 20) shows that he
completed three overseas tours in Germany and an overseas tour in Korea.

5.  The applicant’s DA Form 20 shows his service in Germany covered the
following periods:  1 May 1957 through 25 October 1958; 24 October 1960
through 2 October 1963; and 19 May 1967 through 20 March 1970.  It further
shows he served in Korea from 10 March 1966 through 9 April 1967.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his active duty tenure, he earned the following awards:
National Defense Service Medal (NDSM); Army Good Conduct Medal (AGCM), 2nd
Award; Armed Forces Expeditionary Medal (AFEM)-Korea; Army Commendation
Medal (ARCOM); and Expert Qualification Badge with Rifle Bar.  The
applicant last audited the DA Form 20 on 27 July 1970.

7.  On 24 September 1970, the applicant was honorably separated after
completing a total of 13 years and 8 months of active military service.
The
DD Form 214 he was issued shows he held the rank of sergeant first class
(SFC) on the date of his separation.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Chapter 5, Section II (Service Medals and Service Ribbons)
contains guidance on eligibility to service medals and service ribbons.
Paragraph 5-4 contains guidance on the OSR.  Paragraph 5-5 contains
guidance on award of the ASR and Paragraph 5-6 contains guidance on award
of the NCOPDR.  These awards were established by the Secretary of the Army
on 10 April 1981 and were effective 1 August 1981.  They were authorized to
be awarded retroactively only to members who were in an active status on
the effective date, 1 August 1981.

9.  Paragraph 9-17 of the awards regulation contains guidance on award of
the UNM.  It states, in pertinent part, that it was authorized for
personnel who had been in the service of the United Nations, for a period
of not less than 6 months, with one of the following:  (1) United Nations
Observation Group in Lebanon (UNOGIL); (2) United Nations Truce Supervision
Organization in Palestine (UNTSO); (3) United Nations Military Observer
Group in India and Pakistan (UNMOGIP); and (4) United Nations Security
Forces, Hollandia (UNSFH).

10.  The Secretary of Defense approved the implementing instructions and
criteria for the 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 Republic of Korea from 28 July 1954 to a date to be
determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the ASR, OSR, NCOPDR
and United Nations Medal was carefully considered.  However, by regulation,
the OSR, ASR and NCOPDR were effective 1 August 1981, and other than
Soldiers who were in an active status on that date, there are not
retroactive provisions of these awards.

2.  The applicant’s request for the UNM was also considered.  However, by
regulation, a member must have been in service of the United Nations in a
qualifying operation/area to be eligible for the UNM.  The applicant’s
record fails to show he ever served in a qualifying operation/area.  As a
result, there is an insufficient evidentiary basis to support granting this
requested relief.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the ASR, OSR, NCOPDR and United Nations Medal
now under consideration on 24 September 1970.  Therefore, the time for him
to file a request for correction of any error or injustice expired on 23
September 1973.  However, he failed to 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.

4.  The record shows that based on his service in Korea during a qualifying
period, he is entitled to the KDSM.  The omission of this award is an
administrative matter that does not require Board action to correct.  This
record correction will be accomplished by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph
3 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK __  ___JTM__  ___RLD_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the Army
Service Ribbon, Overseas Service Ribbon, Noncommissioned Officer
Professional Development Ribbon, and United Nations Medal.  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.

3.  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 issuing him a correction to his separation document that includes this
award.




            ____Stanley Kelley  _____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004670                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/09/24                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1. 46    |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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