IN THE CASE OF:
BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120020826
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal.
2. The applicant states she served in Korea from January 1996 to January 1997.
3. The applicant provides:
* DD Form 214
* DA Form 2-1 (Personnel Qualification Record Part II)
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period August 1996 to January 1997
* Army Commendation Medal Certificate, dated 13 December 1996
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. She retired from the Regular Army on 31 August 2000 and was placed on the Retired List the following day. She completed 20 years and 12 days of active service. The awards listed on her DD Form 214 include the Overseas Service Ribbon (2nd Award); they do not include the Korea Defense Service Medal.
3. Her DA Form 2-1 provides the following information:
a. Item 5 (Oversea Service) shows she completed the following overseas tours:
* Germany from 25 July 1982 to 19 July 1985
* Germany from 20 June 1988 to 19 June 1993
* Korea from 16 January 1996 to 15 January 1997
b. Item 35 (Record of Assignments) shows she was assigned to Headquarters and Headquarters Company (HHC)/Materiel Management Center (MMC), Division Support Command (DISCOM), 2nd Infantry Division, in Korea from 24 January 1996 to 15 January 1997.
4. Her NCOER for the period August 1996 to January 1997 shows her assigned unit as HHC, MMC, DISCOM, 2nd Infantry Division, in Korea.
5. 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.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. Her DA Form 2-1 and NCOER clearly show she served in Korea after 28 July 1954. Therefore, she is authorized award of the Korea Defense Service Medal.
2. Item 5 of her DA Form 2-1 clearly shows she successfully completed three overseas tours. Therefore, she is entitled to a third award of the Overseas Service Ribbon.
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 amending her DD Form 214 as follows:
a. deleting award of the Overseas Service Ribbon (2nd Award) and
b. adding the following awards:
* Korea Defense Service Medal
* Overseas Service Ribbon (3rd Award)
_____________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) AR20120020826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120020826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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