RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007527 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John Meixell

Member

Mr. David Tucker

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge document be changed to reflect his service in South Korea and award of the Korea Defense Service Medal (KDSM). 

2.  The applicant states that he has been invited to join the Veterans of Foreign Wars veterans service organization, but is currently ineligible until his discharge document is corrected to show his foreign service tour in the defense of the Republic of Korea.

3.  The applicant provides copies of his permanent change of station orders to South Korea, Officer Efficiency Reports for his period of service in South Korea, Military Personnel Message with implementing instructions for awarding the KDSM, his discharge document with separation date 28 July 1996 and a self-authored letter. 

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 accepted a commission in the US Army Reserve as a Second Lieutenant on 18 December 1992 and was assigned to the Army Signal Corps.  He was ordered to active duty on 28 January 1993 for a period of three years.  He served honorably until his release from active duty as a First Lieutenant on 28 July 1996.  

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 28 July 1996, shows the applicant completed a foreign service tour totaling 11 months and 29 days.



4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in 
Item 5 (Overseas Service) that he was assigned to the 2nd Infantry Division in the Republic of Korea from November 1993 to November 1994. 

5.  The applicant provided copies of three DA Forms 67-8 (US Army Officer Evaluation Reports (OER)) with the following periods of service in the Republic of Korea in support of his application.

	a.  Item l (Period Covered) of the OER with inclusive dates of "93 07 24 to 94 04 08" which shows the entry in Item q (Explanation of Nonrated Periods) the entries "930724-920827:NRQ, 930828-931106:RGR, 931107-931201:PCS, Leave, Travel."; therefore, the start date of this rating period is 2 December 1993 which shows duty in the Republic of Korea assigned to the 2nd Infantry Division as the Company Executive Officer to Headquarters and Headquarters Company, 122nd Signal Battalion.

	b.  Item l (Period Covered) of the OER with inclusive dates of "94 04 09 to 94 06 16" which shows the applicant was the Squadron Executive Officer to Headquarters and Headquarters Troop, 17th Cavalry, 2nd Infantry Division, with service in the Republic of Korea during this 3 month rating period.

	c.  Item l (Period Covered) of the OER with inclusive dates of "94 06 17 to 94 11 06" which shows the applicant was the Assistant S4 of the 122nd Signal Battalion, 2nd Infantry Division, with service in the Republic of Korea during this 5-month rating period.

6.  Army Regulation 600-8-22 (Military Awards) states that 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility – land area of the Republic of Korea, or contiguous water out to 12 nautical miles, air space above the land and water area – for 30 consecutive or 60 nonconsecutive days.

7.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered 

in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f (Foreign Service).  There was no provision for entering the location of the foreign service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the KDSM for his foreign service tour in the defense of the Republic of Korea from on or about 2 December 1993 to 7 November 1994.  The applicant's Official Military 
Personnel File and his personal supporting documents show the applicant served in the defense of the Republic of Korea during this period.  Therefore, he is entitled to award of the Korea Defense Service Medal.    

2.  The applicant contends that the location of his foreign service tour, specifically the Republic of Korea, should be entered on his DD Form 214 with a separation date of 28 July 1996.  There was no policy in effect at the time of the applicant's discharge that provided for the location of the foreign service tour to be annotated on the DD Form 214.  Therefore, since there is no regulatory guidance requiring the geographic location of a foreign service tour to be entered on a Soldier's DD Form 214, the applicant's request can not be honored. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JS  __  ___JM __  __DT ___  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 awarding him the KDSM for his service in the defense of the Republic of Korea from 2 December 1993 to 7 November 1994, and by adding it to his DD Form 214, with an effective date of 28 July 1996.



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 identifying the location of the 
applicant's foreign service tour on his DD Form 214, with an effective date of 28 July 1996.




	_______ John Slone_________
          		CHAIRPERSON




INDEX

CASE ID
AR20070007527
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071018
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.