ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 April 2019 DOCKET NUMBER: AR20170008452 APPLICANT REQUESTS the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 August 1969: * Republic of Korea Presidential Unit Citation * Korea Defense Service Medal * Noncommissioned Officer (NCO) Professional Development Ribbon * Overseas Service Ribbon * Army Service ribbon * Humanitarian Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) * Certificate for completion of the NCO Academy, 17 November 1967 * DD Form 214 * Lineage and Honors Information as of 7 October 1996 for the 1st Battalion, 79th Field Artillery (FA) * eight pages from Wikipedia describing the awards he is requesting FACTS 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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. On 3 August 1966, the applicant enlisted in the Regular Army for 3 years. He was assigned to Battery B, 1st Battalion, 79th FA from 29 January 1967 - 14 March 1968 in Korea. He completed the NCO Academy on 17 November 1967. 3. On 10 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows he was awarded or is authorized the: * Army Good Conduct Medal * National Defense Service Medal * Expert Marksmanship Medal with Rifle Bar * Armed Forces Expeditionary Medal 4. On 24 August 1972, the applicant was discharged from the USAR Control Group (Standby). 5. On 9 June 1977, the applicant enlisted in the Pennsylvania Army National Guard (PAARNG) and served in an enlisted status until his discharge on 26 May 1979. 6. On 27 May 1979, the applicant was appointed a second lieutenant in the PAARNG. On 6 July 1980, he was discharged from the PAARNG and transferred to the USAR Control Group (Reinforcement). 7. On 30 May 1987, the applicant was discharged from the Ready Reserve. 8. The Lineage and Honors Information as of 7 October 1966, submitted by the applicant, indicates the 1st Battalion, 79th FA was awarded the Republic of Korea Presidential Unit Citation for the periods 1950-1953 and 1953-1954. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show the applicant's unit in Korea was awarded the Republic of Korea Presidential Unit Citation during the period he was assigned. 10. The applicant did meet the criteria set forth in Army Regulation (AR) 600-8-22 Military Awards) for the Korea Defense Service Medal. 11. The NCO Professional Development Ribbon was not established until 10 April 1981 and was effective 1 August 1981, 12 years after the applicant's discharge. AR 600-8-22 does not provide for retroactive award of the NCO Professional Development Ribbon. 12. The Overseas Service Ribbon and the Army Service Ribbon were established on 10 April 1981 and were effective 1 August 1981. AR 600-8-22 provides for retroactive award of these ribbons for those who met the requirements prior to 1 August 1981 provided they were in an active Army status on or after 1 August 1981. The applicant's record does not show him in an active Army status on or after 1 August 1981. 13. There is no evidence the applicant directly participated, while on active duty, in a Department of Defense (DOD) or a Department of the Army (DA) approved Humanitarian Service Medal operation listed in Table C-1 of AR 600-80-22. BOARD DISCUSSION After reviewing the application and all supporting documents, the Board found that partial relief was warranted. * PUC (Korea) – not assigned to the unit at the time of the award being presented * KDSM: Grant * NCOPD: Pre-dated the issuance of the award * Overseas: no active service after effective date (See References below) * ASR: no active service after effective date (see References below) * HSM: No evidence BOARD VOTE Member 1 Member 2 Member 3 : : : Full Grant X X X Partial Grant : : : Formal Hearing Grant : : : Deny 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 amending his DD Form 214 with an effective date of 10 August 1969 by adding the 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 the Republic of Korea Presidential Unit Citation, the NCO Professional Development Ribbon, the Overseas Service Ribbon, the Army Service Ribbon and the Humanitarian 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, U.S. Code, 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. Department of the Army Pamphlet 672-3 lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. The applicant's unit in Korea is not listed as being awarded the Republic of Korea Presidential Unit Citation during the period he was assigned. 3. AR 600-8-22 (Military Awards) promulgates Department of the Army policy, criteria, and administrative instructions concerning individual military awards. a. 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. Only one award of the Korea Defense Service Medal is authorized for any individual. b. The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all Active Army, ARNG, and USAR Soldiers in an active status are eligible for the NCO Professional Development Ribbon for satisfactory completion of the respective NCO Education System or RC–NCO Education System courses. c. 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, ARNG, 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. d. 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, ARNG, and USAR in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. e. The Humanitarian Service Medal was established by Executive Order 11965 on 19 January 1977 and is awarded to servicemembers of the Armed Forces of the United States who, after 1 April 1975, distinguished themselves by meritorious direct participation in a DOD or DA approved significant military act or operation of a humanitarian nature. Table C-1 lists DOD and DA approved Humanitarian Service Medal operations. To qualify for the award a Soldier must: * Be on active duty at the time of direct participation in a DOD or DA approved humanitarian act or operation * Must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits * Must provide evidence that substantiates direct participation in a DOD or DA approved humanitarian act or operation ABCMR Record of Proceedings (cont) AR20170008452 0 4