IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110004245
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:
* Korea Defense Service Medal
* Overseas Service Ribbon with Numeral 2
2. The applicant states he served in Germany from 1980 to 1984 and in Korea from 1985 to 1986. He was awarded the Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 2 for completing two levels of NCO professional development. He wonders if the NCO Professional Development Ribbon with Numeral 2 and the Overseas Service Ribbon should correspond.
3. The applicant provides his DD Form 214 and a letter from the National Personnel Records Center.
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 4 February 1977 and held military occupational specialties 13B (Cannon Crewmember) and 71L (Administrative Specialist). He also executed two reenlistments.
3. He served in Germany from 6 April 1981 to 5 April 1984 and in Korea from 24 July 1985 to 23 July 1986.
4. He completed the Primary NCO Course at the 1st Armored Division NCO Academy in April 1983 and the Basic NCO Course at the Fort Sill NCO Academy in May 1985.
5. He was honorably discharged on 11 May 1987 by reason of physical disability. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the:
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 1
* Army Achievement Medal
* Army Commendation Medal
* NCO Professional Development Ribbon with Numeral 2
* Army Good Conduct Medal (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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. Only one award of the Korea Defense Service Medal is authorized for any individual.
b. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.
c. The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed and received credit for two overseas tours in Germany and Korea; therefore, he is entitled to two awards of the Overseas Service Ribbon.
2. His service in Korea from 24 July 1985 to 23 July 1986 also entitled him to the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.
BOARD VOTE:
____X___ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting the Overseas Service Medal with Numeral 1 from item 13 of his DD Form 214
* adding the Overseas Service Medal with Numeral 2 and the Korea Defense Service Medal to item 13 of 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) AR20110004245
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ABCMR Record of Proceedings (cont) AR20110004245
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