IN THE CASE OF:
BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140020839
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 the Meritorious Service Medal.
2. The applicant states he did not look at his DD Form 214 at the time of discharge.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 January 1970
* DD Form 214 (Report of separation from Active Duty), ending on 25 January 1976
* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 July 1987
* Permanent Orders (PO) 144-04 and a certificate for the Meritorious Service Medal
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 records show he enlisted in the Regular Army on 10 July 1967. He served through multiple reenlistments or extensions in a variety of stateside and overseas assignments, and he attained the rank/pay grade of staff sergeant (SSG)/E-6.
3. He completed the following overseas assignments and received overseas tour credit for each tour:
* Germany, from 2 February 1968 to 28 February 1971
* Korea, from 8 January 1974 to 9 January 1975
* Germany, from 24 May 1977 to 21 May 1979 and 21 September 1982 to 11 September 1984
4. He retired on 31 July 1987 and he was placed on the Retired List in his retired rank/grade of SSG/E-6. His retirement DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon (2 Award)
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
5. PO Number 14-04, issued by Headquarters, Fort Devens, MA, dated 29 July 1987, awarded him the Meritorious Service Medal for service from October 1984 to July 1987.
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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, 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. 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.
DISCUSSION AND CONCLUSIONS:
1. PO awarded him the Meritorious Service Medal which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show the award.
2. His service in Korea from January 1974 to January 1975 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.
3. The applicant completed and received credit for four overseas tours and he had an active status after August 1981. Therefore, his DD Form 214 should be corrected to show 4 instead of 3 awards of the Overseas Service Ribbon.
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 deleting from his DD Form 214 ending on 31 July 1987 the Overseas Service
Ribbon (3rd Award) and adding the Meritorious Service Medal, Korea Defense Service Medal, and Overseas Service Ribbon (4th Award).
_______ _ 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) AR20140020839
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ABCMR Record of Proceedings (cont) AR20140020839
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