IN THE CASE OF:	  

		BOARD DATE:	  7 May 2014

		DOCKET NUMBER:  AR20130014660 


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 award of the Korea Defense Service Medal and the Overseas Service Ribbon.

2.  The applicant states the Korea Defense Service Medal was retroactively awarded to veterans after his discharge date.

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 12 June 1963 and he held military occupational specialty 95B (Military Policeman).  He served in Korea from 1 November 1963 through 14 November 1964 while assigned to the 7th Military Police Company, 7th Infantry Division.

3.  On 12 February 1964, he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for making a false statement on an official document.

4.  On 10 June 1966, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 (temporary).  He completed 2 years, 
11 months, and 29 days of creditable active service with no lost time.

5.  His DD Form 214 shows in:

	a.  Item 24c (Foreign and/or Sea Service) he completed 1 year and 14 days of foreign service in the U.S. Army Pacific region.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.

7.  His record is void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 
decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It 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 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 evidence of record confirms he served in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is authorized correction of his DD Form 214 to show this award.

2.  He served honorably from 12 June 1963 to 10 June 1966.  He attained the rank of SP5 and he received all "excellent" conduct and efficiency ratings throughout his military service.  Other than the NJP he received for a relatively minor offense, his record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 accordingly. 

3.  The evidence of record confirms he completed an overseas service tour in Korea; however, he did not serve on active duty after 1 August 1981; therefore, he is not authorized the Overseas Service Ribbon.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
12 June 1963 through 10 June 1966; and

	b.  adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal

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 award of the Overseas Service Ribbon.




      _______ _   _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)                                         AR20130014660





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ABCMR Record of Proceedings (cont)                                         AR20130014660



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