IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100008954 


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 National Defense Service Medal, Armed Forces Expeditionary Medal, Overseas Service Ribbon, Army Service Ribbon, and Korea Defense Service Medal.  He also requests issuance of the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Carbine Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states that he should be awarded the National Defense Service Medal because he served during a qualifying period.  He also asks that his earlier request to the National Personnel Records Center (NPRC) be reconsidered.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his earlier requests to the NPRC for awards, a letter of appreciation, and a wikipedia.org article about the National Defense Service Medal.

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 applicant enlisted in the Regular Army on 7 August 1958 and completed training in military occupational specialty (MOS) 711.10 as a clerk typist. 

3.  He served in Korea from 10 December 1959 to 14 December 1960.

4.  He returned to the United States and was released from active duty on 4 August 1961.  He had 2 years, 11 months, and 28 days of active duty service.  Block 26 (Decorations, Medal, Badges Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Carbine Bar, Marksman Marksmanship Qualification Badge with Carbine Bar, and the Good Conduct Medal.

5.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The National Defense Service Medal is awarded for honorable active service for several periods, including between 1 January 1961 and 14 August 1974.

	b.  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.

	c.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Soldiers serving in designated operations areas in Korea between 1 October 1966 and 30 June 1974 may be eligible for this award.

	d.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.

	e.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  

6.  The applicant's prior request to the NPRC involved the same awards.  The NPRC authorized the issuance of the Good Conduct Medal, Expert Marksmanship Qualification Badge with Carbine Bar, Marksman Marksmanship Qualification with Rifle Bar and the Korea Defense Service Medal.  It did not address any of the other requested awards.  Therefore, the issuance of these medals will not be addressed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he should be awarded the National Defense Service Medal because he served during a qualifying period.  He also asks about his eligibility for the Armed Services Expeditionary Medal, Overseas Service Ribbon, Army Service Ribbon, and Korea Defense Service Medal.

2.  He served during a qualifying period and is eligible for award of the National Defense Service Medal.

3.  He also served in Korea for over a year and is eligible for award of the Korea Defense Service Medal.

4.  The above awards should be added to his DD Form 214.

5.  The Good Conduct Medal and the marksmanship badges are already listed on his DD Form 214.

6.  The qualifying period for the Armed Forces Expeditionary Medal for Korea occurred after the applicant's release from active duty.  The Army Service Ribbon and Overseas Ribbon came into being after the applicant's period of service.  Therefore, he does not meet the eligibility criteria for award of these medals/ribbons.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

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 the National Defense Service Medal and the Korea Defense Service Medal to the awards already listed on his DD Form 214 and issuing these awards to him.

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 Armed Forces Expeditionary Medal, Army Service Ribbon, and the Overseas Service Ribbon.



      _______ _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)                                         AR20100008954





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ABCMR Record of Proceedings (cont)                                         AR20100008954



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