IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20080004439
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Overseas Service Ribbon.
2. The applicant states that personnel in the Records Section in the Connecticut Army National Guard told him that he should have received the Overseas Service Ribbon for serving in Korea. While he was in the Regular Army, personnel did not put the Overseas Service Ribbon on paper nor did his commander publish orders for him to receive this medal.
3. The applicant provides a supplemental letter.
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 enlisted in the Regular Army on 13 April 1964. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty number 533.10 (chemical equipment repairman). He was promoted to sergeant on 10 February 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows he completed a normal overseas tour in Korea from 1 May 1966 through 7 April 1967.
4. The applicant was honorably released from active duty on 7 April 1967 and was transferred to the U.S. Army Reserve on the following date. His DD Form 214 shows he completed 11 months and 7 days of foreign service.
5. His DD Form 214 shows the National Defense Service Medal and the Good Conduct Medal as authorized awards.
6. The applicant enlisted in the Connecticut Army National Guard on 27 January 1975 and he was discharged on 1 March 1993 for retirement.
7. Army Regulation 600-8-22 shows that the Overseas Service Ribbon 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.
8. Army Regulation 600-8-22 states that the Korea Defense Service Medal 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 area of eligibility and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed an overseas tour in Korea in April 1967 and had an active status after 1 August 1981. Therefore, he has met the regulatory requirements for award of the Overseas Service Ribbon and this award should be added to his DD Form 214.
2. The applicant served a period of qualifying service in Korea for award of the Korea Defense Service Medal. Therefore, this award should be added to his DD Form 214.
BOARD VOTE:
XX______ XX______ XX_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Overseas Service Ribbon and the Korea Defense Service Medal to his DD Form 214.
xxxxxxxx______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080004439
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