BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100024476 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 21 April 2005 to show the Korea Defense Service Medal and the Overseas Service Ribbon for his service with the 1st Battalion, 506th Air Assault Infantry Battalion, Camp Greaves, Korea, from August 2002 to June 2003.

2.  He states that he believes the paperwork was never properly processed by his battalion headquarters.  While he no longer has the orders to and from his Korean post, the overseas credit on his DD Form 214 will provide his overseas duty.

3.  He provides:

* his DD Forms 214 for the periods ending 27 June 2004 and 21 April 2005
* a DD Form 215 (Correction to DD Form 214), dated 21 May 2008

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 30 November 2001.  He was discharged from the USAR DEP on 16 January 2002 and he enlisted in the Regular Army on 17 January 2002 in pay grade E-2.  He completed training and he was awarded military occupational specialty 11B (Infantryman).  

3.  He served in Korea from 5 September 2002 through 30 June 2003 for a period of 9 months and 26 days.  He was assigned to Company A, 1st Battalion, 50th Infantry, Camp Greaves, Korea.

4.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he did not complete an overseas tour in Korea.

5.  On 27 June 2004, he was honorably discharged in pay grade E-4 to enter the Army service academy.  He was credited with completing 2 years, 5 months, and 11 days of active service this period.  He was also credited with completing 9 months and 26 days of foreign service.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 27 June 2004 shows the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

7.  On 28 June 2004, he entered active duty as a cadet at the U.S. Military Academy.  He was honorably released from active duty on 21 April 2005 due to a qualified resignation.

8.  Item 13 of his DD Form 214 for the period ending 21 April 2005, as corrected by a DD Form 215 dated 21 May 2008, shows the:

* Army Good Conduct Medal
* National Defense Service Medal
* 
Army Service Ribbon
* Army Achievement Medal

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  Army Regulation 600-8-22 also states 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.

11.  Army Regulation 614-30 (Overseas Service), prescribes policies pertinent to overseas permanent change of station (PCS) moves, overseas tour lengths, overseas tour curtailments, time-on-station, eligibility for overseas service criteria, voluntary and involuntary overseas tour extension, the Overseas Tour Extension Incentive Program, and consecutive overseas tours.  Appendix B-2 (Overseas tour restrictions) states for Korea, Soldiers who are not approved to serve the 24-month accompanied tour will serve the unaccompanied 12-month dependent-restricted tour.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from 5 September 2002 to 30 June 2003.  As such, he served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  With respect to the Overseas Service Ribbon, the regulation provides for award of the Overseas Service Ribbon if a member was credited with a completed overseas tour.  In this case, the applicant only served 9 months and 26 days of a normal 12-month tour.  His DA Form 20 also shows he did not receive normal tour completion credit.  Therefore, he is not entitled to the Overseas Service Ribbon.

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 13 of his DD Form 214 for the period ending 21 April 2005 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 the Overseas Service Ribbon 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)                                         AR20100024476



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ABCMR Record of Proceedings (cont)                                         AR20100024476



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