IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140015119
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 to receive an award for his foreign service in Korea.
2. The applicant states his record does not list the Overseas Service Ribbon (OSR) or any other type of award that signifies his Korean service.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).
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 applicants 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 applicants 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 shows he enlisted in the Regular Army on 6 October 1976. He was trained in and awarded military occupational specialty 31M (Multichannel Communications Equipment Operator).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) includes an entry which shows he served in Korea from 30 April 1977 to 18 April 1978.
4. On 19 April 1978, the applicant was discharged under honorable conditions after completing 1 year, 6 months, and 14 days of creditable active service of which 11 months and 19 days was foreign service. The DD Form 214 issued at that time does not include the OSR or any other service award in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-20 contains the regulatory guidance pertaining to award of the Korea Defense Service Medal (KDSM). It states that it is authorized to members of the Armed Forces of the U.S. who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.
6. Paragraph 5-4 provides guidance on the award of the OSR. It states, 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 as defined above on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's qualifying service in Korea it would be appropriate to add the KDSM to his DD Form 214 at this time.
2. The evidence of record confirms the applicant was discharged from the Army on 19 April 1978. Accordingly, he did not have an active Army status after 1 August 1981 and as a result does not meet the regulatory criteria necessary for the award of the OSR. Therefore, there is no basis upon which to grant the requested relief to add this award to his DD Form 214.
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 the Korea Defense Service Medal to his DD Form 214.
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 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) AR20140015119
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