IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150004862 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM) and the Overseas Service Ribbon (OSR). 2. She states she served in Korea and the absence of the ribbon/medal was due to an oversight. 3. She provides her DD Form 214 and page 1 of her DA Form 2-1 (Personnel Qualification Record – Part II). 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 enlisted in the Regular Army (RA) on 12 July 1977. 3. Her military personnel records is void of a DA Form 2-1, Enlisted Record Brief, or any other documents that show the exact dates of her service in Korea. 4. Her records contain: a. A Dental Health Record document that shows on 6 July 1978, she inprocessed to 665th Medical Detachment, Army Post Office San Francisco (APO SF) 96271. She listed her unit of assignment as 257th Signal Company. b. Orders 81-88, issued by U.S. Army Military Personnel Center Korea, dated 22 March 1979, that show her unit of assignment in the standard name line as the 257th Signal Company, APO SF 96271. c. A Standard Form 93 (Report of Medical History) that shows on 16 February 1981, she underwent an expiration term of service (ETS) physical. In response to the questions concerning her hospitalization and/or operations, injury or illness, she stated that she was operated on in Seoul, Korea in October 1978. 5. Her DD Form 214 shows she was honorably discharged from the RA on 11 July 1981 and credited with completing 4 years of active duty service of which 11 months and 17 days was listed as foreign service this period. It also shows the: * Army Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 6. On 12 July 1982, the applicant enlisted in the U.S. Army Reserve. 7. The applicant provided page 1 of her DA Form 2-1. Item 9 (Awards, Decorations and Campaigns) of this form shows the OSR. 8. Information from the internet shows that APO SF 96271 was assigned to U.S. Army Garrison Camp Long which was located near Wonju, South Korea. In July 1974, 1st Signal Brigade experienced a major organizational change in conjunction with the activation of two signal Battalions: 41st Signal Battalion (formerly known as Long Lines Battalion North in Seoul), and 36th Signal Battalion (redesignated from Long Lines Battalion South, headquartered in Taegu). The 4th Signal Group was reorganized to the 304th and 307th Tactical Signal Battalions. The last major unit to join the Brigade in 1977, was the 257th Signal Company which was reactivated at that time. 9. Army Regulation 600-8-22 (Military Awards) states: a. 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 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 area. The period of eligibility is from 28 July 1954 to a date to be determined. b. The OSR was established by the Secretary of the Army on 10 April 1981. 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. 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. DISCUSSION AND CONCLUSIONS: 1. Although the exact dates of the applicant's service in Republic of Korea are unknown, her dental records and orders confirm she did serve in Korea from on or about 6 July 1978. Additionally, her DD Form 214 shows she was credited with 11 months and 17 days of foreign service. It is presumed that this period represented her service in Korea. Therefore, it appears that she met the qualifications for award of the KDSM. 2. The evidence of record shows she presumably served in Korea for 11 months and 17 days from 1978 to 1979 and had an active Reserve status after 1 August 1981. Although her record is correct as constituted since the OSR was not established until after her date of discharge, there is no harm by adding this award to her DD Form 214. Therefore, in the interest of equity it appears to be appropriate to correct her records to show the OSR. 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 adding to her DD Form 214 the Korea Defense Service Medal and the 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) AR20150004862 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004862 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1