IN THE CASE OF:	  

		BOARD DATE:	    24 September 2015

		DOCKET NUMBER:  AR20150001931 


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
* Korea Defense Service Medal
* Drivers Badge
* Noncommissioned Officer (NCO) Professional Development Ribbon (2nd Award)

2.  The applicant states: 

* the Korea Defense Service Medal was established after his retirement; he served in Korea the required 30 days in a temporary duty (TDY) status 
* the Meritorious Service Medal and Drivers Badge were awarded but were not listed on his DD Form 214 
* he completed the Primary NCO Course at Fort Hood in 1981 and the Basic NCO Course in Germany on 28 September 1982 

3.  The applicant provides: 

* Orders D142-53 (retirement)
* Permanent Orders (PO) 176-1 for the Meritorious Service Medal
* PO 110-2 for the Army Achievement Medal
* PO 36-2 for the Driver's Badge
* printout regarding the Korea Defense Service Medal
* Enlisted Evaluation Report

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 31 August 1979 and he held military occupational specialty 19E (Armor Crewmember).  He reenlisted on 6 June 1984. 

3.  He served in Germany from 25 October 1981 to 29 October 1984 and he was credited with an overseas tour.  He also served in Hawaii from 1 December 1984 to 23 February 1986 but was not credited with an overseas tour.  
His DA Form 2-1 (Enlisted Qualification Record) does not show service in Korea.

4.  He completed the 4-week Primary Leadership Development Course in 1981 and the 4-week Basic NCO Course in 1982.  He was promoted through the ranks to staff sergeant (SSG)/E-6. 

5.  On 5 June 1987, a physical evaluation board (PEB) considered his disabilities and rated them at 40 percent.  The PEB recommended placing him on the temporary disability retired list (TDRL).  

6.  He retired on 10 August 1987 by reason of disability and he was placed on the TDRL in his retired rank/grade of SSG/E-6 on 11 August 1987.  His DD Form 214 does not show his requested awards.  

7.  He was evaluated by a TDRL PEB that convened on 11 September 1992 and recommended his separation with severance pay.  Accordingly, he was removed from the TDRL and discharged from the Army on 10 December 1992. 

8.  He provides: 

	a.  PO 176-1, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY on 11 September 1987, awarding him the Meritorious Service Medal for service from 1 February 1986 to 10 August 1987. 

	b.  PO Number 36-2, issued by Headquarters, U.S. Army Personnel Center, Wildflecken, Germany on 5 September 1984 awarding him the Driver's Badge with Driver-W Bar.

	c.  His Enlisted Evaluation Report for the rating period November 1984 through August 1985.  He deployed to Korea in support of Team Spirit 85 Exercise.  The period of service in Korea is not indicated.   

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

	a.  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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria. 

	b.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a Soldier will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCO education successfully completed:

* 1 - Bar Ribbon Device - Primary Level
* 2 - Basic Level
* 3 - Advanced Level
* 4 - Senior Level

DISCUSSION AND CONCLUSIONS:

PO awarded the applicant the Meritorious Service Medal and the Driver's Badge with Driver-W Bar.  His Enlisted Evaluation Report for the rating period November 1984 through August 1985 shows he deployed to Korea in support of Team Spirit 85 Exercise.  Although the period of service in Korea is not indicated, this was typically a 1-month exercise.  It appears he meets the criteria for the Korea Defense Service Medal.  

2.  He completed the 4-week Primary Leadership Development Course in 1981 and the 4-week Basic NCO Course in 1982.  Therefore, his DD Form 214 should be corrected to show NCO Professional Development Ribbon with Numeral 2. 

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 the NCO Professional Development Ribbon (1)
* adding to his DD Form 214 the:

* Meritorious Service Medal
* Driver's Badge with Driver-W Bar
* Korea Defense Service Medal
* NCO Professional Development Ribbon with Numeral 2



      _______ _   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)                                         AR20150001931



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001931



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1