ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20170008421 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 15 September 1965, to show: * Korea Defense Service Medal (KDSM) * National Defense Service Medal (NDSM) * Overseas Service Ribbon. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Butler county Veterans Service Commission Memo, dated 13 March 2017 * Letter of Commendation, dated 10 September 1965 * DA Form 137 (Installation Clearance Record) * Designation of Acting Custodian of Unit Fund, dated 30 June 1964 * Processing and Facilities Information Memo FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) omitted the Korea Defense Service Medal (KDSM), National Defense Service Medal (NDSM) and the Overseas Service Ribbon (OSR). He served in Korea from September 1963 to December 1964 and during the Vietnam War. He stated his overseas service was when he served in Korea. He would like for his discharge to be a true representation of his honorable service. 3. The applicant’s record confirms he is eligible for several awards that are not recorded on his DD Form 214. These awards will be as administrative corrections and will not be considered by the Board. 4. A review of the applicant's military records shows: a. He was appointed as a Reserve commissioned officer on or about 5 June 1963. He entered active duty on 16 September 1963. b. He served in Korea from 26 December 1963 to 23 December 1964 and received overseas tour credit. c. He was honorably released from active duty on 15 September 1965. His DD Form 214 shows he completed 2 years active service. 5. By regulation (AR 600-8-22): a. The NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 197 4, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. b. The KDSM 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 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board determined that the applicant did serve in the Republic of Korea during a qualifying period for the Korea Defense Service Medal, and which qualifies him for the National Defense Service Medal. The Board recommended they be added to the applicant’s DD Form 214. However, the Board concluded that he applicant’s service in Korea was prior to the qualifying period for the Overseas Service Ribbon. That award was established on 10 April 1981 and was not retroactively awarded for service members who had no active Army status on or after 1 August 1981. For that reason, the Board recommended denying that portion of the request relating to the Overseas Service Ribbon. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the Korea Defense Service Medal and the National 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 adding the Overseas Service Medal. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 197 4, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. 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 Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that 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. 3. Army Regulation 635-5 (Separation Documents), then in effect, provided instructions for completing the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The regulation did not provide for recorded locally produced and authorized badges on the DD Form 214. ABCMR Record of Proceedings (cont) AR20170008421 3 1