IN THE CASE OF:	  

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20080018821 


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, in effect, that the National Defense Service Medal, the Cold War Victory Commemorative Medal, the 50th Anniversary Korean Defense Commemorative Medal, the Overseas Service Medal, the American Defense Commemorative Medal, and the Honorable Service Combat Service Commemorative Medal (for being under fire in Korea) be awarded to him and added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he would like to have these medals shown on his DD Form 214.

3.  In support of his request, the applicant provides a copy of a letter he received in reply from the National Personnel Records Center about his authorized awards, and a copy of a commercial advertisement for campaign commemorative medals.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The Combat Service Commemorative Medal, the American Defense Service Commemorative Medal, and the Honorable Service Commemorative Medal are not governed by Army Regulation 600-8-22 (Military Awards).  These medals are made available by commercial resources and, since they are not governed by the applicable regulation, these commemorative medals are not shown on a discharge document.  Hence, they will not be discussed further in this Record of Proceedings.

3.  The applicant's record shows that he enlisted in the Regular Army on 22 June 
1962.  He completed his basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Polk, Louisiana.  After completing all required training, the applicant was awarded the military occupational specialty 768 (General Supply Specialist).

4.  The applicant was honorably released from active duty on 9 April 1965 in the rank and pay grade of specialist four/E-4 under the provisions of Army Regulation 635-205 (Personnel Separations - Discharge and Release - Convenience of the Government) to enter or return to college, university, or equivalent educational institution.  On the date of his release from active duty, the applicant had completed 2 years, 9 months, and 18 days of net service for basic pay purposes.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 Rifle), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle), and two letters of appreciation.  The National Defense Service Medal and the Overseas Service Medal are not shown among the applicant's authorized awards.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea for the period 26 June 1963 through 25 July 1964.  While in Korea, the applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 17th Infantry Regiment, 7th Infantry Division.

7.  In the letter the applicant received from the National Personnel Records Center about his authorized awards, he was advised he was authorized the National Defense Service Medal, the Korea Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The applicant was authorized no other awards or decorations.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and from 11 September 2001 and a date to be determined.  The applicant served on active duty during one of the qualifying periods for award of the National Defense Service Medal.  His DD Form 214 does not show his entitlement to the National Defense Service Medal.

9.  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.

10.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  To be eligible for this award, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, shows that the 7th Infantry Division was awarded the Republic of Korea Presidential Unit Citation for the period 17 September 1950 through 27 March 1971 by Department of the Army General Orders 50, dated 1971.  This unit award is not shown on his DD Form 214.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or was attached by competent orders to and 


present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant honorably served on active duty during one of the recognized periods for award of the National Defense Service Medal.  He is therefore entitled to award of the National Defense Service Medal and to have it added to his DD Form 214.

2.  The applicant's service records show he served overseas in Korea while on active duty.  The applicant met the criteria for award of the Korea Defense Service Medal and he is therefore entitled to award of the Korea Defense Service Medal and to have it added to his DD Form 214.

3.  The applicant served in a unit at the time it was awarded the Republic of Korea Presidential Unit Citation.  The applicant is therefore entitled to this unit award and to have it added to his DD Form 214.

4.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The Overseas Service Ribbon was authorized for award to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for the successful completion of an overseas tour.  The award is 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.  The evidence shows the applicant was released from active duty on 9 April 1965 and held no Active Army status on or after 1 August 1981.  He is therefore not eligible for award of the Overseas Service Ribbon and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the National Defense Service Medal, the Korea Defense Service Medal, and the Republic of Korea Presidential Unit Citation and adding these award to his DD Form 214.

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 Overseas Service Ribbon to the applicant and its addition to his DD Form 214.



      ____________x_____________
                 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)                                         AR20080018821



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ABCMR Record of Proceedings (cont)                                         AR20080018821



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