RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20070018089
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.
The following members, a quorum, were present:
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 he be awarded the Overseas Service Ribbon (OSR).
2. The applicant states, in effect, that he never received the OSR for the 1 year, 3 months and 22 days he served in Korea, and would like his separation document (DD Form 214) corrected to reflect this ribbon.
3. The applicant provides his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows that he enlisted in the Regular Army and entered active duty on 29 June 1956. He was trained in and awarded military occupational specialty (MOS) 294.10 (Construction Equipment Repairer), and specialist four (SP4) is the highest rank he attained while serving on active duty.
3. The applicant's Service Record (DA Form 24) shows, in Section 5 (Service Outside the Continental United States) shows he served in Korea from 18 April 1957 through 18 July 1958. Section 9 (Medals, Decorations, and Citations) shows that he earned the Army Good Conduct Medal and Expert Marksmanship Qualification Badge with Carbine Bar during his active duty tenure.
4. On 26 June 1959, the applicant was honorably released from active duty (REFRAD), in the rank of SP4, at the expiration of his term of service. The
DD Form 214 he was issued at the time shows he completed a total of 2 years, 11 months, and 28 days of active military service, of which 1 year, 3 months, and 22 days was served overseas.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on the Korea Defense Service Medal (KDSM). It states, in pertinent part, that KDSM was authorized by Section 543, National Defense Authorization Act, 2003. It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is
28 July 1954 to a date to be determined by the Secretary of Defense, and it is authorized to members who have been assigned, attached, or mobilized to units operating in Korea for 30 consecutive or for 60 nonconsecutive days.
6. Paragraph 5-4 of the awards regulation contains guidance on the OSR. It states, in pertinent part, that it is awarded to members for successful completion of an overseas tour. It also states that authorized for members who were credited with normal overseas tour completion. It further states that it may be awarded retroactively for overseas service completed prior to 1 August 1981, only when the member had an active Army status on or after 1 August 1981. There are not retroactive provisions of members who were not in an active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have received the OSR for his service in Korea between 1957 and 1958 was carefully considered. However, by regulation, the OSR is only authorized for members who were in an active Army status on or after 1 August 1981. Therefore, given the applicant was REFRAD in 1959, the regulatory criteria for this award has not been met in this case.
2. The evidence of record does show that based on his service in Korea, the applicant is authorized to receive the KDSM. Further, his record shows that during his active duty tenure, he earned the Expert Marksmanship Qualification Badge with Carbine Bar, which was not included in the list of awards contained on his DD Form 214. The omission of these awards from the applicant's separation document is an administrative matter that does not require Board action. Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will administratively correct the applicants record as outlined in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__TSK___ __JLP __ __DWT__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice related to the Overseas Service Ribbon. 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 Expert Marksmanship Qualification Badge with Carbine Bar; and by providing him a correction to his separation document that includes these awards.
_____TSK ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018089
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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