IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130001782
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.
2. The applicant states he served in Korea from February 1977 to March 1978.
3. The applicant provides his DD Form 214.
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 3 September 1976 and he held military occupational specialty 76D (Materiel Supply Specialist).
3. On 25 March 1979, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 (Report of Separation from Active Duty) for this period of service shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. He reenlisted on 26 March 1979. He continued to serve in a variety of stateside or overseas assignments.
5. His record contains a DA Form 2-1 (Personnel Qualification Record) that shows in item 5 (Overseas Service) he completed the following two overseas tours:
* Korea from 25 February 1977 through 7 February 1978
* Germany from 23 August 1979 through 16 August 1982
6. On 28 January 1985, he was honorably discharged at the expiration of his term of service. He attained the rank/grade of sergeant (SGT)/E-5. The
DD Form 214 he was issued for this period of service shows he was awarded or authorized the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Army Service Ribbon
* Overseas Service Ribbon (1st Award)
* Army Good Conduct Medal (2nd Award)
* Army Achievement Medal
* Noncommissioned Officer Professional Development Ribbon
7. Army Regulation 600-8-22 (Military Awards) states:
a. The Korea Defense Service Medal 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.
b. The Overseas Service Ribbon is awarded upon successful completion of overseas tours. Numerals, beginning with numeral 2, are used to denote the second and subsequent awards of the Overseas Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant served during a qualifying period of service for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant received overseas tour credit for two completed tours, one for Korea and the other for Germany. Therefore, his DD Form 214 should be corrected to show two awards 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 that the evidence presented was 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:
a. deleting from his DD Form 214 for the period ending 28 January 1985 the Overseas Service Ribbon, and
b. adding to his DD Form 214 for the period ending 28 January 1985 the:
* Korea Defense Service Medal
* Overseas Service Ribbon (2nd 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) AR20130001782
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ABCMR Record of Proceedings (cont) AR20130001782
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