IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016081 


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 (Report of Separation from Active Duty) to show in:

* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the “Korea Service Defense Medal” (properly known as the Korea Defense Service Medal) and Overseas Service Ribbon 
* Item 27 (Remarks) – the Primary Leadership Development Course (PLDC)

2.  The applicant states his DD Form 214 contains administrative/human errors.  He served in Korea from 1975 to 1976.  The Korea Defense Service Medal was enacted in 2002 [should be 2003].  He is due the Overseas Service Ribbon for his service in Korea.  

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 24 June 1975 and he held military occupational specialty 11B (infantryman).  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* Item 5 (Overseas Service) – he served in Korea from 14 November 1975 through 16 December 1976
* Item 9 (Awards) – Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 17 (Civilian Education and Military Schools) – the following:

* General, 4 years, 1975
* 11B Infantryman Course, 8 weeks, 1975
* Primary Noncommissioned Officer Course (PNCOC), 4 weeks, 1977
* Alcohol and Drug Coordinators Course, 1 week, 1978

3.  There are no other records, such as a diploma, DA Form 1059 (Service School Academic Evaluation Report), or a certificate confirming his completion of PLDC. 

4.  He was honorably released from active duty on 22 June 1979 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 4 years of active service.  His DD Form 214 lists in

* Item 18f (Foreign and/or Sea Service This Period) – 1 year, 1 month, and 3 days
* Item 26 – Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar 
* Item 27 – 

* Item 18f – Korea
* Military Education:  PNCOC, Alcohol and Drug Coordination

5.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Korea Defense Service Medal is awarded 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 from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days.

   b.  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.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 was a summary of a Soldier's most recent period of continuous active duty and would be prepared for all personnel at the time of retirement, discharge, or release from active duty:  

* Item 18f would list all foreign service completed during the period covered by the DD Form 214
* Item 26 would list all awards awarded or authorized
* Item 27 would list all formal in-service training courses successfully completed during the period covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  With regard to award of the Overseas Service Ribbon, notwithstanding his oversees service in Korea between 1975 and 1976, the Overseas Service Ribbon was not established until 1 August 1981 for 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.  He was released from active duty on 22 June 1979.  There is no evidence of record and he provided none showing he had an Active Army status on or after 1 August 1981.  Therefore, he is not entitled to the requested relief.

3.  There is no evidence in his records and he provided none to support his contention that he completed PLDC.  As such, there is insufficient evidence to enter this training course on his DD Form 214.  If he can provide a DA Form 1059 or a PLDC diploma, he may reapply to the Board. 
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 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 and its addition to his DD Form 214
* adding to item 27 of this form the PLDC



      _______ _   ____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)                                         AR20140016081





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ABCMR Record of Proceedings (cont)                                         AR20140016081



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