BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090007907 


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, correction of his DD Form 214 to show award of the Korea Defense Service Medal, Overseas Service Ribbon, and the Driver and Mechanic Badge with Mechanic Bar.

2.  The applicant states that his DD Form 214 was never updated to show these awards.

3.  The applicant provides no documentation 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 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.  On 31 October 1972, the applicant enlisted in the Regular Army (RA).  He completed his initial training and he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).

3.  On 25 September 1974, the applicant departed the continental United States (CONUS) for duty in the Republic of Korea.  

4.  On 2 October 1974, the applicant was assigned as a wheel vehicle mechanic to Headquarters and Headquarters Company, 307th Signal Battalion.  He served in this position until his return to CONUS on or about 10 December 1975.

5.  On 11 December 1975, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He had attained the rank/grade of specialist four (SP4)/E-4 and he had completed 3 years, 1 month, and 11 days of creditable active duty service.

6.  Item 26 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal and the Marksman [Marksmanship Qualification Badge] with Rifle [Bar].  

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act (NDAA), 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 area of eligibility and the period of eligibility are as follows:

   a.  service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;
   
 b.  the area of eligibility encompasses all land area of the Republic of South 
Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; and

   c.  service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days


8.  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.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Driver and Mechanic Badge to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  To receive the award with a Mechanic Bar, mechanics must pass aptitude tests and complete the standard mechanics' course with a skilled rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify a rating.  Soldiers must be assigned to primary duty as an automotive or engineer equipment mechanic, or as an active automotive or engineer equipment mechanic instructor.  If required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, Soldiers must qualify for a motor vehicle operator's permit and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months without a record of vehicle accidents or traffic violations recorded on their DA Form 348 (Equipment Operator's Qualification Record).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Korea Defense Service Medal, Overseas Service Ribbon, and the Driver and Mechanic Badge with Mechanic Bar.

2.  Records show that the applicant served during a qualifying period for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show that the applicant served overseas from October 1974 to December 1975 and that he was released from active duty on 11 December 1975.  The Overseas Service Ribbon became effective on 1 August 1981, with specific criteria for retroactive award.  Records show that although he completed a normal overseas tour prior to 1 August 1981, he did not have an Active Army status after 1 August 1981 to meet the criteria for retroactive award of the Overseas Service Ribbon.  Therefore, the applicant's request for this award should be denied.
4.  Records show that the applicant was awarded an MOS as a wheel vehicle mechanic and served as a mechanic for more than a year while in the Republic of Korea.  However, the applicant's DA Form 348 is not available to show that his driving record was accident and violation free for the required period.  Therefore, there is insufficient evidence to grant the applicant's request for award of the Driver and Mechanic Badge with Mechanic Bar.

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 adding to item 26 of his DD Form 214 the Korea Defense Service Medal.

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 and the Driver and Mechanic Badge with Mechanic Bar.



      ___________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)                                         AR20090007907



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ABCMR Record of Proceedings (cont)                                         AR20090007907



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