IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130009834
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show awards of the Good Conduct Medal, Overseas Service Ribbon (OSR), Korea Defense Service Medal (KDSM), and any other awards he may be eligible for.
2. The applicant states that he received the award of the Good Conduct Medal and it is not reflected on his DD Form 214. He goes on to state that he believes he is eligible for award of the OSR and the KDSM and he would like these and any other awards he is eligible to receive added to his DD Form 214.
3. The applicant provides copies of his DD Form 214 and orders awarding him the Good Conduct Medal.
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. On 5 May 1966, the applicant was inducted. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a radio relay and carrier operator at Fort Gordon, Georgia before being transferred to Korea on 4 November 1966.
3. He completed his tour in Korea on 2 December 1967 and he was transferred to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 3 May 1968. He had served 1 year, 11 months, and
29 days of active service and the DD Form 214 he was issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal.
4. General Orders Number 49 issued by Headquarters, Fort Riley, on 7 May 1968, awarded the applicant the Good Conduct Medal.
5. Army Regulation 600-8-22 (Military Awards) states 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).
6. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. The AFEM was authorized for service in Korea during the period 1 October 1966 to 30 June 1974.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Good Conduct Medal (1st Award) and is entitled to have that award added to his DD Form 214.
2. The applicant also served during qualifying periods for awards of the AFEM and the KDSM and he is entitled to have these awards added to his DD Form 214.
3. However, the applicant did not serve during a qualifying period for award of the OSR as that award did not exist during his service and he had no service during the eligibility period for that award. Accordingly, he is not entitled to have that award entered on 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 Good Conduct Medal, KDSM, and AFEM to his DD Form 214.
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 adding the OSR 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) AR20130009834
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ABCMR Record of Proceedings (cont) AR20130009834
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