BOARD DATE: 9 January 2014 DOCKET NUMBER: AR20130007326 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 (Certificate of Release or Discharge from Active Duty) to show his service in Korea and all his awards and decorations. 2. The applicant states he is an active member of the Veterans of Foreign Wars and he wants to run for office. He wants to make sure his DD Form 214 is updated. 3. The applicant provides his DD Form 214. 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 23 December 1977 and held military occupational specialty 63B (Power Generation/Wheel Vehicle Mechanic). 3. He served in Korea from on or about 28 November 1979 to on or about 16 May 1980, a period of 5 months and 18 days. 4. He was honorably released from active duty on 8 August 1980 by reason of parenthood. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. 5. His DD Form 214 shows he completed 2 year, 7 months, and 16 days of active service. This form also shows in: * Item 12f (Foreign Service) - 5 months and 18 days of foreign service * Item 13 (Decorations Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Good Conduct Medal, Mechanic Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar 6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 12f lists the total foreign service completed outside the continental United States during the period covered by the DD Form 214. 7. 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 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Korea from on or about 28 November 1979 to on or about 16 May 1980, a period of 5 months and 18 days. His DD Form 214 credited him with 5 months and 18 days of foreign service. The regulation in effect at the time required an entry for the total active duty outside continental limits of the United States for the period covered by the DD Form 214 in item 12f which is correctly shown on his DD Form 214. 2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. There was no provision to list the specific overseas permanent duty station, such as Korea, Germany, Italy, etc., on the DD Form 214. The applicant may use this Record of Proceedings to confirm his service in Korea. 3. He served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show award of the Korea Defense Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X___ __X______ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 item 13 of his DD Form 214 the Korea Defense Service Medal. 2. The Board further determined that 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 listing Korea on his DD Form 214. _________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) AR20130007326 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130007326 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1