IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130014166
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his "Campaign Medal for Overseas Service and Korea Ribbon."
2. The applicant states he feels the awards were overlooked when his DD Form 214 was prepared.
3. The applicant provides copies of:
* the Record of Assignments page of his DA Form 2-1 (Personnel Qualification Record - Part II)
* his DD Form 214
* internet printouts describing the Korea Defense Service 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. The applicant enlisted in the Regular Army on 18 August 1981. He held military occupational specialty 76V (Materiel Storage and Handling Specialist).
3. His DA Form 2-1 shows he served in the 227th Maintenance Battalion in Korea from 14 December 1984 through 10 December 1985. The Korea Defense Service Medal and the Overseas Service Ribbon are not listed with his authorized awards.
4. He was discharged under other than honorable conditions on 27 February 1987. He had completed 5 years, 6 months, and 10 days of creditable active service. His DD Form 214 does not show the Korea Defense Service Medal or the Overseas Service Medal among his awards.
5. Army Regulation 600-8-22 (Military Awards) states the:
a. 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. Overseas Service Ribbon is awarded for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
The available evidence shows he served a qualifying period for award of the Korea Defense Service Medal and the Overseas Service Ribbon. Therefore, this medal should be added 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 adding the Korea Defense Service Medal and the Overseas Service Ribbon 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) AR20110006177
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130014166
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