IN THE CASE OF: BOARD DATE: 26 May 2011 DOCKET NUMBER: AR20100025776 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 military record to show the Korea Defense Service Medal and removal of one Overseas Service Ribbon. 2. The applicant states he served 14 months in Korea from 9 June 1990 to 23 August 1991. 3. The applicant provides page 1 of his DA Form 2-1 (Personnel Qualification Record). 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. Prior to the period of service under review the applicant served honorably in the Regular Army (RA) from 28 November 1973 to 27 November 1976. 3. On 6 July 1977, he enlisted in the RA and he was trained in and awarded military occupational specialty 13E (Fire Support Specialist). 4. Item 5 (Oversea Service) of his DA Form 2-1 shows he completed the following two periods of foreign service: * 2 April 1979 - 5 February 1983 Germany (46 months) * 9 June 1990 - 23 August 1991 Korea (14 months) 5. On 31 July 1994, the applicant was honorably retired after completing a total of 20 years and 22 days of creditable active service. The DD Form 214 issued at that time includes the Overseas Service Ribbon with Numeral 2 in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-20 contains the regulatory guidance pertaining to award of the KDSM. It states, in pertinent part, that it is authorized to members of the Armed Forces of the U.S. who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. 7. Paragraph 5-4 provides guidance on the award of the OSR. It states, effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. DISCUSSION AND CONCLUSIONS: 1. Based on the applicant's qualifying service in Korea it would be appropriate to add the KDSM his DD Form 214 at this time. 2. The applicant's DA Form 2-1 confirms he completed a 46 month tour in Germany and a 14 month tour in Korea which entitles him to the Overseas Service Ribbon with Numeral 2. Accordingly, his record accurately documents these awards and there is no basis upon which to grant the requested relief to delete one Overseas Service Ribbon. 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 adding the Korea Defense Service Medal to item 13 of his DD Form 214 and providing him a document to show this award. 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 deleting one 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) AR20100025776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100025776 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1