IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009972
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Overseas Service Ribbon.
2. The applicant states she served in South Korea in 1999.
3. The applicant provides her 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's records show she enlisted in the Regular Army on 22 May 1997 and she held military occupational specialty 92G (Food Service Specialist).
3. Her DA Form 2-1 (Personnel Qualification Record) shows she served in Korea from 16 November 1998 to 15 October 1999 and she was credited with an overseas tour.
4. She was honorably released from active duty on 22 December 2000. Her
DD Form 214 shows she completed 3 years, 7 months, and 1 day of active service. It also shows she was awarded or authorized the:
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* Army Service Ribbon
* Army Lapel Button
5. Army Regulation 600-8-22 (Military Awards) 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 is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
The applicant served in Korea from November 1998 to November 1999 and she was credited with an overseas tour. She served a qualifying period of service for award of the Overseas Service Ribbon and the Korea Defense Service Medal. Therefore, she is entitled to correction of her DD Form 214 to show these awards.
BOARD VOTE:
____x___ ____x____ ____x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 to her DD Form 214 the Overseas Service Ribbon and the Korea Defense Service Medal.
____________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) AR20140009972
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ABCMR Record of Proceedings (cont) AR20140009972
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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