IN THE CASE OF:	

		BOARD DATE:	26 August 2009   

		DOCKET NUMBER:  AR20090006031 


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 he be awarded the Korea Defense Service Medal, the Overseas Service Ribbon, and the Army Service Ribbon and that these awards be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states that he served in Korea during the period 4 January 1977 through 29 January 1978.

3.  The applicant submitted a copy of his DD Form 214; a copy of Headquarters, New York Guard, Latham, New York, Orders PO Number 0807-003, dated 8 July 2008; and a copy of correspondence he received from the National Personnel Records Center, St. Louis, Missouri, dated 26 January 2009.

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 record shows the applicant enlisted in the U.S. Army Reserve on 27 January 1976.  On 2 August 1976, he enlisted in the Regular Army.  He successfully completed basic combat and advanced individual training.  Upon completion of his advanced individual training in November 1976 he was awarded the military occupational specialty 95B (Military Policeman).

3.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the Republic of Korea during the period 4 January 1977 through 29 January 1978.

4.  Item 27 (Remarks) of the applicant's DD Form 214 shows he served in the Republic of Korea during the period 4 January 1977 through 29 January 1978.

5.  The applicant was honorably released from active duty in the rank of specialist four, pay grade E-4, on 1 August 1979 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 2, upon the expiration of his term of service.  On the date of his release from active duty the applicant had completed 3 years net active military service with no time lost.

6.  Item 26 (Decorations, Medal, 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 and with Pistol Bars.  No other awards are shown on the applicant's DD Form 214.

7.  Item 27 (Remarks) of the applicant's DA Form 2-1 has no entry showing he was disqualified from award of the Army Good Conduct Medal.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Army Good Conduct Medal.  There is no evidence the applicant was subjected to court-martial or that he even received non-judicial punishment while he served on active duty.

8.  Army Regulation 600-8-22 (Military Awards) 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 encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and 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.
9.  Army Regulation 600-8-22 shows that the Army Service Ribbon 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 (emphasis added).

10.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was also 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 normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 (emphasis added).

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Republic of Korea during the qualifying period for award of the Korea Defense Service Medal.  He is therefore entitled to award of this medal and to have it added to his DD Form 214.

2.  The applicant's DD Form 214 shows he served overseas in Korea while on active duty.  The applicant's overseas service occurred during the period from 4 January 1977 through 29 January 1978.  The Overseas Service Ribbon can be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was honorably released from active duty on 1 August 1979 and had no active duty status on 1 August 1981.  He is therefore not entitled to award of the Overseas Service Ribbon and to have it added to his DD Form 214.

3.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The applicant successfully completed his initial entry training in November 1976.  The award can 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.  The applicant was honorably released from active duty on 1 August 1979 and had no active duty status on 1 August 1981.  He is therefore not entitled to award of the Army Service Ribbon and to have it added to his DD Form 214.

4.  There is no evidence to show that the applicant was denied award of the Army Good Conduct Medal while he served on active duty.  There is no evidence the applicant was subjected to court-martial or that he even received non-judicial punishment while he served on active duty.  It appears that the applicant was not awarded the Army Good Conduct Medal as a result of an administrative oversight rather than a commander's disqualification.  He is therefore eligible for award of the Army Good Conduct Medal for the period from 2 August 1976 through 1 August 1979 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:

	a.  awarding the applicant the Korea Defense Service Medal and adding this award to the applicant's DD Form 214 and 

	b.  awarding the applicant the Army Good Conduct Medal for the period 2 August 1976 through 1 August 1979 and adding this 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 the applicant's request for award of the Army Service Ribbon and the Overseas Service Ribbon and their 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)                                         AR20090006031



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ABCMR Record of Proceedings (cont)                                         AR20090006031



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