IN THE CASE OF:	  

		BOARD DATE:	    10 March 2011

		DOCKET NUMBER:  AR20100022148 


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 his DD Form 214 (Report of Separation from Active Duty) to show:

* the Korea Defense Service Medal
* completion of the Prescribed Load List Course
* completion of the Unit Armorer Course

2.  The applicant states he successfully completed the requested training courses, but they were not entered on his DD Form 214.  Additionally, he served in Korea, but award of the Korea Defense Service Medal had not been approved at the time of his service.

3.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 87 (Certificate of Training) (Prescribed Load List Course #5-76)
* DA Form 87 (Unit Armorer Course #10-76)
* extract of Public Law 107-314, dated 2 December 2002

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's records show he enlisted in the Regular Army on 17 March 1975 and held military occupational specialty 11D (Armor Reconnaissance Specialist)).  He served in Korea from 13 August 1975 to 26 September 1976.

3.  He was honorably released from active duty on 16 March 1977 and he was transferred to the U.S. Army Reserve Control Group for completion of his remaining service obligation.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  He submitted:

	a.  a Certificate of Training that shows he successfully completed the Prescribed Load List Course #5-76 at Camp Casey, Korea, from 9 to 13 February 1976; and

	b.  a Certificate of Training that shows he successfully completed the Unit Armorer Course #10-76 at Camp Casey, Korea, from 22 to 26 March 1976.

6.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  Item 27 (Remarks) of the version in effect at the time is used for entries authorized by Headquarters, Department of the Army, for which a separate entry is not available and may include formal in-service training courses successfully completed during the period of service.  This information is to assist in employment placement and job counseling.  Training courses for combat skills are not entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 13 August 1975 to 26 September 1976.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show it.

2.  The applicant successfully completed the 1-week Prescribed Load List Course and the 1-week Unit Armorer Course in February and March 1976, respectively.  The version of the regulation in effect at the time authorized the entry of training courses in item 27 of the DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these courses.

BOARD VOTE:

__X_____  ___X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 item 26 of his DD Form 214 the Korea Defense Service Medal
* adding to item 27 of his  DD Form 214 the entries "Prescribed Load List Course, 1 week, 1976" and "Unit Armorer Course, 1 week, 1976"



      ___________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)                                         AR20100022148



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ABCMR Record of Proceedings (cont)                                         AR20100022148



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