IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170000457 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170000457 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 to his 1979 DD Form 214 to Korea Defense Service Medal. 2. The Board further determined 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 awarding and then amending his 1979 DD Form 214 to show the Korean Service Medal, Army Service Ribbon and 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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170000457 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 to his DD Form 214 (Report of Separation from Active Duty) to show the Army Service Medal, the Overseas Service Ribbon and the Korean Service Medal, in effect, the Korea Defense Service Medal. 2. The applicant states he earned these awards but they were never awarded. He served with the 2nd Infantry Division at Camp Essayons, Korea for 13 months. 3. The applicant did not provide additional evidence. 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. On 25 June 1973 the applicant enlisted in the Regular Army. 3. A review of his DA Form 2-1 (Personnel Qualification Record – Part II), item 5 (Overseas Service) shows he started an overseas tour in Korea on 14 May 1975. 4. While in Korea he was honorably discharged on 25 April 1976 with immediate reenlistment on 26 April 1976. He was issued a DD Form 214 showing – * item 18f (Foreign and/or Sea Service this Period) 1 year, 1 month and 8 days * item 26 (Decoration, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal 5. His DA Form 2-1 shows his foreign service in Korea ended on 14 May 1976, shortly after his reenlistment. It further shows he served in the United States Army Europe – Germany from 1 March 1978 to 20 April 1979. 6. On 25 April 1979, he was honorably discharged from the Regular Army upon completion of his statutory military service obligation. He was issued a second DD Form 214 for his second enlistment period. It shows, in pertinent part – * item 18f – 1 year, 2 months and 9 days * item 26 – the Army Good Conduct Medal, National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M16) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. The Army Service Ribbon 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 upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. d. The Overseas Service Ribbon 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated for item 26 to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. The applicant’s second enlistment period ended on 25 April 1979, therefore he does not meet the eligibility criteria for the Overseas Service Ribbon or the Army Service Ribbon as there is no record he was on active duty on 1 August 1981, the award implementation date. These two awards were established on 10 April 1981 with no retroactive periods of service authorized. 2. He requested the Korean Service Medal, which is for service during the period from 27 June 1950 and 27 July 1954. There is no record he served during this period. However, there is another service medal for his period of service in Korea known as the Korea Defense Service Medal wherein he meets the eligibility criteria for the Korea Defense Service Medal because he served in Korea from 14 May 1975 to 14 May 1976. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000457 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000457 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2