IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110017120
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 item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Korea Defense Service Medal and Overseas Service Ribbon.
2. The applicant states he served in Korea from April 1979 to April 1980.
3. The applicant provides page 4 of his DA Form 2-1 (Personnel Qualification Record).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record shows that after having prior service in both the active and Reserve components, he enlisted the Regular Army (RA) on 12 November 1976. He was promoted to master sergeant on 24 March 1978.
3. Item 5 (Oversea Service) of his DA Form 2-1 includes an entry which shows he served in Korea from 29 April 1979 to 20 April 1980.
4. On 30 June 1981, the applicant was honorably retired after completing a total of 20 years, 3 months, and 11 days of creditable active service. The DD Form 214 issued at that time does not include the KDSM or Overseas Service Ribbon in item 13.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-20 contains the regulatory guidance pertaining to award of the KDSM. It states, in pertinent part, that it is authorized to members of the Armed Forces of the U.S. who have served on active duty in support of the defense of the Republic of Korea from
28 July 1954 to a date to be determined.
6. Paragraph 5-4 provides guidance on the award of the OSR. It states, 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 ribbon 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 as defined above on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's qualifying service in Korea it would be appropriate to add the KDSM to his DD Form 214 at this time.
2. The evidence of record confirms the applicant retired from the Army on
30 June 1981. Accordingly, he did not have an active Army status after 1 August 1981 and as a result does not meet the regulatory criteria necessary for the award of the Overseas Service Ribbon. Therefore, there is no basis upon which to grant the requested relief to add this award 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 adding the Korea Defense Service Medal to item 13 of his DD Form 214 issued on 30 June 1981 and providing him a document to show this award.
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.
_______ _ 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) AR20110017120
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ABCMR Record of Proceedings (cont) AR20110017120
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