BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017754 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017754 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017754 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea and the Overseas Service Ribbon. 2. He states that: a. Between 1983 and 1984, while assigned to the 2nd Battalion, 31st Infantry, 7th Infantry Division, he deployed for maneuvers to Fort Stanley, South Korea, near the demilitarized zone (DMZ). He contends that he was given the Overseas Service Ribbon for wear on his military uniform but neither the ribbon nor his foreign service are reflected on his DD Form 214. b. He served as a driver in a Mortar unit and his greatest memory of Korea was getting off the plane and having the smell take his first breath away. He was told to keep moving and so like a good Soldier he performed his duty. Correction of his record would allow him to join the local Veterans of Foreign Wars (VFW). 3. He provides a color image of the Overseas Service Ribbon. 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 on 12 November 1981 and after completing his initial training he was assigned to the 7th Infantry Division, Fort Ord, CA. 3. His DA Form 2-1 (Personnel Qualification Record) shows he served in units in the 31st and 9th Infantry while assigned to Fort Ord, CA; however, there is no entry showing he completed any overseas service. 4. In September 1984, he was reassigned to the 3rd Battalion, 37th Armor, 1st Infantry Division, at Fort Riley, KS where he remained until his separation in November 1985. 5. He was released from active duty on 11 November 1985. His DD Form 214 does not indicate completion of any foreign service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 2. Army Regulation 635-5 (Separation Document) governed the preparation of the DD Form 214. The regulation stated to list all foreign service credit performed during the period covered by the DD Form 214 in item 12f. DISCUSSION: The applicant's record does not include evidence or verification of service in Korea and unfortunately a copy of the Overseas Service Ribbon, provided by the applicant is not verification of foreign service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017754 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017754 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2