IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013155 


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 updated rank and additional awards.

2.  The applicant states he served with the 5th Ordnance Company in Seoul, Korea for 1 year and 5 months.  The Korea Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon were authorized after he separated from active duty.  In addition, the Army also changed the rank of specialist 2nd class (SP2) to sergeant (SGT) for pay grade E-5 after he was separated.

3.  The applicant provides a copy of 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's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant's reconstructed record, that contains his DD Form 214, is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) on
29 May 1954 for a period of 3 years.

   a.  He was honorably released from active duty (REFRAD) as an overseas returnee on 22 March 1957 and transferred to the U.S. Army Reserve (USAR), West Virginia Military District, to complete his reserve obligation that terminated on 28 May 1962.

   b.  He had completed 2 years, 9 months, and 24 days of total net service this period that included 1 year, 5 months, and 1 day of foreign service.

   c.  His DD Form 214 also shows in –

* item 3a (Grade-Rate-Rank and Date):  SP2 (Temporary)
* item 3b (Date of Rank):  31 July 1956
* item 12 (Last Duty Assignment and Major Command):  Temporary Duty "(TDY) to 5th Ordnance Company"
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –
   
* National Defense Service Medal
* Army Good Conduct Medal

* item 32 (Remarks):  Reference item 3a:

* Private-2 (Permanent)
* Appointed 29 September 1954

4.  First Region (Reserve Officer Training Corps), U.S. Army Cadet Command, Fort Bragg, NC, published "A History of Enlisted Insignia of Rank."  It shows in, in pertinent part:

   a.  Army Regulation 615-5 (Appointment and Reduction of Noncommissioned Officers and Privates, First Class) announced a new grade structure, effective 
1 May 1955.  The titles for pay grade E-5 were:

* sergeant (SGT)
* specialist 2nd class (SP2)

   b.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), dated 28 September 1959, described the insignia of rank.  The titles for pay grade E-5 were:

* sergeant (SGT)
* specialist five (SP5)

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  

   b.  The Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 
1 August 1981.

   c.  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.

6.  The Center for Military History, Lineage and Honors, for the 5th Maintenance Company shows it was redesignated on 25 January 1953 as the 5th Ordnance Company and the unit was inactivated on 23 December 1958 in Korea.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the U.S. Army was using the enlisted rank title of "SP2" (E-5) from 1 May 1955 through the date of the applicant's release from active duty on 22 March 1957.

   a.  Records show the applicant was promoted to SP2 on 31 July 1956.

   b.  There is no evidence of record that shows the applicant held the rank of SGT (E-5) during the period of service under review.

   c.  Therefore, there is no basis for correcting item 3a of his DD Form 214.

2.  Records show the applicant served on active duty from 29 May 1954 through 22 March 1957 and he was transferred to the USAR to complete his Reserve obligation that terminated on 28 May 1962.

   a.  There is no evidence of record that shows the applicant had an Active Army status on or after 1 August 1981.

   b.  Therefore, he is not entitled to either the Army Service Ribbon or the Overseas Service Ribbon.

3.  Records show the applicant performed TDY (i.e., was attached) to the 
5th Ordnance Company.  Records also show he was credited with 1 year,
5 months, and 1 day of overseas service and that he was REFRAD as an overseas returnee on 22 March 1957.

   a.  The evidence of record shows the 5th Ordnance Company was inactivated on 23 December 1958 in Korea.

   b.  Thus, it is concluded that the applicant served a qualifying period of service in support of the defense of the Republic of Korea and that he is entitled to award of the Korea Defense Service Medal.  
 
4.  Therefore, it would be appropriate at this time to correct the applicant's DD Form 214 to show he was awarded the Korea Defense Service Medal.

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 item 26 of his DD Form 214 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 his grade/title of rank, the Army Service Ribbon, and 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)                                         AR20140013155



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ABCMR Record of Proceedings (cont)                                         AR20140013155



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