IN THE CASE OF:
BOARD DATE: 18 August 2015
DOCKET NUMBER: AR20150000549
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 award of the Korea Defense Service Medal (KDSM) and Overseas Service Ribbon (OSR).
2. He states he served in Korea and Germany and meets the requirements for award of these medals.
3. The applicant provides his DD Forms 214 for the periods ending 10 November 1971 and 30 August 1978.
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 record shows he enlisted in the Regular Army on 27 December 1968.
3. His records contain a DA Form 20 (Enlisted Qualification Record) which shows in Item 31 (Foreign Service), he served in Germany from 9 July 1969 to 17 October 1970.
4. On 10 November 1971, he was honorably released from active duty after completing 2 years, 10 months, and 14 days of net active service. His DD Form 214 does not show award of the OSR.
5. He again enlisted in the Regular Army on 31 January 1975. His records contain a DA Form 2-1 (Personnel Qualification Record Part II) which shows he served in Korea from 27 June 1976 to 19 June 1977, a period of 11 months and 23 days.
6. On 30 August 1978, he was honorably discharged after completing 3 years and 7 months of net active service. The DD Form 214 he was issued at the time does not show award of the KDSM or OSR.
7. Army Regulation 600-8-22 (Military Awards) prescribes the policy on Army awards and decorations and states the KDSM is authorized for award to members of the Armed Forces of the United States who 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.
8. Army Regulation 600-8-22 contains guidance for award of the Overseas Service Ribbon. It states that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had active duty status as defined above on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served a qualifying period in Korea for award of the KDSM. Therefore, his DD Form 214 for the period ending 30 August 1978 should be corrected to show this award.
2. Army Regulation 600-8-22 states the OSR may be awarded to personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had active duty status as defined above on or after 1 August 1981. There is no evidence nor did the applicant provide any evidence that shows he served in an active duty status after 1 August 1981. Therefore, he is not authorized award of the OSR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
______ _________ _________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 award of the KDSM to his DD Form 214 for the period ending 30 August 1978.
2. The Board further determined 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 correcting his DD Forms 214 to show award of the OSR.
____________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.
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