IN THE CASE OF:	  

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120012702 


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 all service medals and ribbons, to include:

* National Defense Service Medal (NDSM)
* Korea Defense Service Medal (KDSM)
* Overseas Service Ribbon (OSR)

2.  The applicant states the NDSM is authorized based on his Army National Guard (ARNG) status.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 2-1 (Personnel Qualification Record – Part II) for Regular Army (RA) service – item 35 (Record of Assignments) only
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) for enlistment in the ARNG
* DA Form 2-1 for ARNG service – item 35 only

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 served in the RA from 8 February 1979 through 9 April 1980.  During this period, he served in the Republic of Korea on an unaccompanied 
12-month tour from 21 May 1979 through 8 April 1980, a period of 10 months and 18 days.

3.  The applicant's DD Form 214 shows he was discharged for failure to maintain acceptable standards for retention prior to completion of his overseas tour.

4.  The applicant served in the ARNG from 1 July 1985 through 1 December 1986.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

	a.  The NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Executive Order 12776 extended award of the NDSM to all members of the ARNG and U.S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  Members of other than the Selected Reserve who were called to active duty will also be eligible.  During these periods, service members in the following categories will not be considered eligible for the NDSM:  (1) any service member on active duty for the sole purpose of undergoing a physical examination or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.

	b.  The KDSM 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 OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, ARNG, and U.S. 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.  (Per clarifying guidance from the U.S. Army Human Resources Command (HRC) Military Awards Branch, dated 20 August 2009, service in an active Reserve status also counts toward eligibility in retroactive cases.  HRC further clarified that only Reserve service in a paid status qualifies as active Reserve service.)

6.  Army Regulation 614-30 (Overseas Service), table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date of Return from Overseas), states a Soldier will be credited with a completed tour if he or she serves less than the normal prescribed overseas tour and the curtailment is for the convenience of the government and through no request from or fault of the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the NDSM, KDSM, and OSR.

2.  He did not serve during a period for which the NDSM was authorized.

3.  He is authorized award of the KDSM for his service in Korea from 21 May 1979 through 8 April 1980.

4.  He was discharged for failure to maintain acceptable standards for retention prior to completion of his overseas tour in Korea.  As a result, he is not entitled to award of the OSR.

5.  His records should be corrected as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 KDSM to his DD Form 214.

2.  The Board further determined 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 NDSM and OSR.



      _____________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)                                         AR20120012702



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ABCMR Record of Proceedings (cont)                                         AR20120012702



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