IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140003853
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, in effect, correction of her military records to show she served in the Republic of Korea (ROK) by adding the Overseas Service Ribbon to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she served in the ROK in 1980 and 1981. She wants her military records corrected so she may receive all of her veteran benefits.
3. The applicant provides no additional documentation.
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 12 October 1979, the applicant enlisted in the Regular Army. She was trained to work as a telecommunications center operator.
3. On 10 April 1980, she departed Fort Gordon, GA for duty in the ROK. She arrived in the ROK on or about 22 April 1980.
a. On 29 April 1980, she was assigned as telecommunications operator with Headquarters and Headquarters Company, 122nd Signal Battalion, 2nd Infantry Division.
b. On 12 June 1980, she was reassigned within the battalion to Company A.
c. On 21 April 1981, she departed the ROK for instructor duty at Fort Gordon, GA. She had completed 1 year of duty in the ROK.
4. On 5 June 1981, she was released from active duty under the provision of Army Regulation 635-200, chapter 8 by reason of pregnancy. She was transferred to the U.S. Army Reserve. Her DD Form 214 indicates:
a. she completed zero years, months, and days of foreign service; and
b. she was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards):
a. 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 ribbon 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.
b. The Korea Defense Service Medal (KDSM) 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 ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 should be corrected to show she served in the ROK. Additionally, she contends she is authorized the Overseas Service Ribbon.
2. The evidence of record shows she served in the ROK for 1 year from 22 April 1980 to 21 April 1981. She was subsequently released from active duty in June 1981.
3. The Overseas Service Ribbon was 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. Because she did not, she is not authorized this ribbon.
4. However, in order to provide a record of her service in the ROK, her DD Form 214 should be corrected to reflect her year of foreign service and award of the KDSM based on her qualifying service in the ROK.
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:
a. amending her DD Form 214 to show she had foreign service of 1 year, zero months, and zero days; and
b. amending her DD Form 214 to show she was awarded 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 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) AR20140003853
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ABCMR Record of Proceedings (cont) AR20140003853
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