IN THE CASE OF:  	  

		BOARD DATE:  25 June 2015 	  

		DOCKET NUMBER:  AR20140018897 


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 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Service Medal and two awards of the Overseas Service Ribbon.

2.  The applicant states he served in Korea and Puerto Rico and he was awarded two awards of the Meritorious Service Medal. 

3.  The applicant provides:

* Certificate awarding him the Meritorious Service Medal
* DA Form 638 (Recommendation for Award) and certificate for award of the Meritorious Service Medal (1st Oak Leaf Cluster) or 2nd Award 

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 he enlisted in the Regular Army on 7 September 1982 and he held military occupational specialties 79R (Recruiting Supervisor and Manager) and 92A (Automated Logistics Specialist). 

3.  He served through multiple extensions and/or reenlistments in a variety of recruiting assignments in Miami, FL; San Antonio, TX; Fort Gillem, GA; and Jacksonville, FL; and he attained the rank/grade of first sergeant (1SG)/E-8. 

4.  His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Overseas Service) he served in Korea from 16 July 1984 to 12 July 1985 and he received overseas service credit. 

5.  He retired on 31 May 2005 by reason of permanent disability and he was placed on the Retired List in his retired rank/grade of 1SG/E-8 on 1 June 2005.  His DD Form 214 shows in item 12f (Foreign Service) completion of 11 months and 27 days of foreign service and in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: 

* Global War on Terrorism Expeditionary Medal
* Meritorious Service Medal
* Army Commendation Medal (7th Award)
* Army Achievement Medal (8th Award) 
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award) 
* NCO Professional Development Ribbon with Numeral 3
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* Driver and Mechanic Badge with Driver-W Bar
* Gold Recruiter Badge with 3 sapphire achievement stars
* Basic Recruiter Badge with 3 gold achievement stars

6.  Permanent Orders (PO) Number 52-20, issued by Headquarters, U.S. Army Recruiting Command on 9 July 1993 awarded him the Meritorious Service Medal for service from 24 April 1989 to 30 July 1993. 

7.  PO Number 308-1, issued by Headquarters, U.S. Army Recruiting Command on 4 November 2005 awarded him the Meritorious Service Medal (1st Oak Leaf Cluster) for service from 1 June 1995 to 31 May 2005. 


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

	a.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  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

9.  Army Regulation 614-30 (Overseas Service) provides policy and guidance on the eligibility and selection criteria for overseas service in a permanent change of station status under routine conditions as well as contingency operations and deployments and the establishment of tour lengths for overseas areas.  Puerto Rico is considered outside continental United States, Long Tour.  Long tour areas are areas where tour lengths are at least 36 months accompanied and 
24 months unaccompanied.  Areas where tour lengths are less than 36 months accompanied and 24 months unaccompanied are defined as short tour areas.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant two awards of the Meritorious Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

2.  The applicant served in Korea from 16 July 1984 to 12 July 1985, a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The applicant's records show he received tour credit for Korea but do not reveal he received credit for an overseas tour in Puerto Rico.  Therefore, he does not meet the criteria for a second award of the Overseas Service Ribbon. 

4.  It is noted that the applicant's DD Form 214 lists award of the Global War on Terrorism Expeditionary Medal.  This appears to be an error as there is no evidence that he deployed to any location in support of the Global War on Terrorism.  It appears instead of entering the Global War on Terrorism Service Medal, the official processing the DD Form 214 inadvertently entered the Global War on Terrorism Expeditionary Medal.  He was contacted by telephone regarding this issue but he did not respond.  If the applicant desires to have this corrected he must submit a separate application. 


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 deleting from item 13 the Meritorious Service Medal and adding the Meritorious Service Medal (2nd Award) and 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 a second 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)                                         AR20140018897



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ABCMR Record of Proceedings (cont)                                         AR20140018897



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