RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 SEPTEMBER 2005 DOCKET NUMBER: AR20050001317 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. William Powers Chairperson Mr. John Meixell Member Mr. Larry Olson Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his request to be awarded the Overseas Service Ribbon in recognition of his service in Korea between June 1971 and August 1972. 2. The applicant states, in effect, that he is entitled to the award because the ribbon may be awarded retroactively to those individuals who were credited with a normal overseas tour before 1 August 1981. He states that he has been mobilized since 3 June 2004, proving that had an active Army status on or after 1 August 1981, and therefore is eligible for the award. 3. The applicant provides copies of orders showing he was ordered to active duty for 365 days in June 2004. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002074730, on 15 April 2003. 2. In the Board's original proceedings the Board implied that if the applicant were able to submit documentation confirming his Active Federal Status he may be eligible for the Overseas Service Ribbon. The applicant has provided what he believes fulfills that requirement and as such, reconsideration of his request is warranted. 3. As noted in the previous Memorandum of Consideration, the applicant did serve in Korea for 13 months. His tour of duty occurred between June 1971 and August 1972. His records also confirm that he was awarded an Armed Forces Expeditionary Medal in recognition of that service. The award is reflected on his 1974 separation document completed at the time he was released from active duty upon completion of his Regular Army enlistment contract. 4. In addition to noting that individuals with an active Army status on or after 1 August 1981 were entitled to the Overseas Service Ribbon for overseas tours completed prior to that date, Army Regulation 600-8-22 (Military Awards) also stated that the Overseas Service Ribbon would not be awarded for overseas service recognized with another United States service medal. 5. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal. This message specified criteria for the award of the Korea Defense Service Medal as follows: a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. The applicant's tour of duty in Korea does entitle him to this decoration. DISCUSSION AND CONCLUSIONS: 1. The applicant's active status, on or after 1 August 1981, is not at issue. The fact that the applicant was awarded the Armed Forces Expeditionary Medal in recognition of his service in Korea precludes award of the Overseas Service Ribbon. 2. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __WP___ __JM____ ___LO __ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2002074730, dated 15 April 2003. 2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show entitlement to the Korea Defense Service Medal. _____ William Powers______ CHAIRPERSON INDEX CASE ID AR20050001317 SUFFIX RECON YYYYMMDD DATE BOARDED 20050908 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107.00 2. 3. 4. 5. 6.