BOARD DATE:	2 October 2014  

		DOCKET NUMBER:  AR20140002078 


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) ending on 30 November 1980 to show the:

* Korea Defense Service Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3

2.  The applicant states:

* he served two tours in Korea from September 1971 to August 1972 and October 1978 to November 1980
* he was a distinguished honor graduate for the Fixed Plant Communications Equipment Maintenance Advanced NCO Course from 15 October 1973 to 21 January 1974 at Fort Monmouth, NJ

3.  The applicant provides his DD Form 214 and:

* Certificate showing award of the Army Commendation Medal
* Certificate showing award of the Meritorious Service Medal
* Certificate showing completion of the Fixed Plant Communications Equipment Maintenance Advanced NCO Course from 15 October 1973 to 21 January 1974 at Fort Monmouth
* Special Orders (SO) Number 200 
* DA Form 1059 (Service School Academic Evaluation Report)
* Graduation with distinction commendation letter 
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.  Having had prior service in the U.S. Air Force (28 August 1969 to 27 May 1964), the applicant enlisted in the Regular Army on 21 December 1964.  He held a communications military occupational specialty.

3.  He served through multiple reenlistments or extensions, in a variety of stateside or overseas assignments, and he attained the rank/grade of sergeant first class (SFC)/E-7.  

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he completed the following overseas service: 

* Vietnam, 13 February 1966 to 12 February 1967
* Germany, 18 March 1967 to 11 August 1970
* Korea, 31 July 1971 to 10 August 1972
* Japan, 12 March 1974 to 14 September 1976
* Korea, 22 October 1978 to 21 October 1980

5.  He successfully attended and completed the Fixed Plant Communications Equipment Maintenance Advanced NCO Course from 15 October 1973 to 21 January 1974 at Fort Monmouth, NJ. 

6.  He retired on 30 November 1980 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 December 1980.  His DD Form 214 shows he was awarded or authorized the: 

* Meritorious Service Medal (1st Oak Leaf Cluster (OLC))
* Army Commendation Medal (4th OLC)
* Good Conduct Medal (4th Award)
* Army of Occupation Medal (Berlin)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with two campaign stars
* Vietnam Campaign Medal
* Meritorious Unit Commendation (1st OLC)
* Vietnam Cross of Gallantry with Palm [Unit Citation] 

7.  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. 

8.  Army Regulation 600-8-22 states:

	a.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  The award may be awarded retroactively to eligible Soldiers provided they had an Active Army status on or after 1 August 1981.

	b.  It is awarded to Soldiers for successful completion of designated NCO professional development courses.  Soldiers must successfully complete one or more of the courses listed in paragraph k, which are further described in Department of the Army Pamphlet (DA Pam) 351–4 (U.S. Army Formal School Catalog), chapter 6.  Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official.  Paragraph k states effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCO Education System (NCOES) successfully completed as follows: 1=Bar Ribbon Device=Primary Level; 2=Basic Level; 3=Advanced Level; and 4=Senior Level.

	c.  Graduates of NCO Academy courses conducted prior to 1976 for the active Army, and 1980 for reserve components, will be given credit for the Primary Level only.  Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 31 July 1971 to 10 August 1972 and again from 22 October 1978 to 21 October 1980.  He served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 
2.  The applicant successfully attended and completed the Fixed Plant Communications Equipment Maintenance Advanced NCO Course from 15 October 1973 to 21 January 1974.  Although he completed the third level of NCOES, he did so prior to 1976 and prior to establishment of this award in August 1981.  Since he retired in November 1980 and did not have an active status after that date, he is ineligible for this award. 

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 to his DD Form 214 ending on 30 November 1980 the 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 the NCO Professional Development Ribbon with Numeral 3.



      _______ _  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)                                         AR20140002078





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