IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120007973
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 award of the Overseas Service Ribbon (OSR) with Numeral 3 and the Korea Defense Service Medal (KDSM).
2. The applicant states he served complete overseas tours in Vietnam, Germany, and Korea; however, his DD Form 214 only reflects the OSR with Numeral 1. Additionally, his award of the KDSM is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, Officer Record Brief, and the Code of Federal Regulations relating to award of the OSR.
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 graduated as a distinguished military graduate of the Reserve Officers' Training Corps. He was commissioned as an infantry second lieutenant with a concurrent call to active duty on 4 June 1967.
3. He served in Vietnam from 22 December 1968-11 December 1969 during four campaigns, in Germany from 30 January 1970-15 February 1973, and in Korea from 14 July 1980-13 July 1981. He was promoted to the rank of major on 1 October 1980.
4. On 30 June 1988, he was honorably retired and transferred to the Retired List effective 1 July 1988. He completed 21 years and 27 days of active service. His DD Form 214 shows he was awarded the OSR with Numeral 1. It also shows he was awarded the Vietnam Service Medal (VSM) but does not reflect any bronze service stars to denote his campaign participation. His DD Form 214 does not show award of the KDSM.
5. Army Regulation 600-8-22 (Military Awards) states the KDSM 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.
6. Army Regulation 600-8-22 states the OSR 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. Numerals are used to denote the second and subsequent awards of the OSR.
7. Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, in this case the VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed three overseas tours and is authorized award of the OSR with Numeral 3 and its addition to his DD Form 214.
2. The applicant served during a qualifying period for award of the KDSM and has been issued that medal. Accordingly, it should be added to his DD Form 214 at this time.
3. Additionally, he served in Vietnam during four campaigns and is authorized four bronze service stars with his already-awarded VSM and their addition to his DD Form 214.
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 award of the VSM and OSR with Numeral 1 from his DD Form 214
* adding award of the VSM with four bronze service stars, OSR with Numeral 3, and KDSM 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) AR20120007973
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ABCMR Record of Proceedings (cont) AR20120007973
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