RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070016112 


	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

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Rowland C. Heflin

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 record be corrected to show award of the Korea Defense Service Medal (KDSM) and the Overseas Service Ribbon (OSR) (2nd award).  He also requests that his Military Education and Foreign Service credit be corrected.

2.  The applicant states, in effect, he was stationed in the Republic of Korea in 1995, where he served for 1 year.  He has earned his OSR and is authorized the KDSM.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 December 2005 shows that he was deployed to Iraq in 2004, but it does not show his service in the Republic of Korea.  He also would like his military education added to his DD Form 214.

3.  The applicant provides a copy of his DD Forms 214 for the periods ending  
31 May 1997 and 25 December 2005; Headquarters, 2nd Infantry Division Orders 22-44 dated 3 February 1995; Headquarters, 5th Battalion, 5th Air Defense Artillery Permanent Order Number 67-9 dated 9 August 1995; Certificate of Training; Certificate of Award for the Army Achievement Medal; and DA Form 638 (Recommendation for Award).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows that he enlisted in the Regular Army on 15 June 1992.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 92A (Automated Logistics Specialist).  He was honorably discharged from active duty on 31 May 1997 after serving 4 years, 11 months, and 16 days of active service.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May  
1997 shows the Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, OSR, Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and the Driver and Mechanic Badge with Driver-W Bar.

3.  Item 14 (Military Education) of his DD Form 214 for the period ending 31 May 1997 shows the Equipment Records and Parts Specialist Course, 10 weeks, November 1992; Drivers Training Course, 1 week, March 1994; Unit Armorer Course, 2 weeks, January 1993; Automated Inventory Control Course, 3 weeks, February 1994; and Logistics Training Team/Unit Level Logistics System Ground Course, 1 week, March 1995.
4.  Item 12f (Foreign Service) of his DD Form 214 for the period ending 31 May 1997 shows the entry 1 year, 00 months, 00 days.

5.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record, Part II) shows he was credited with a completed tour in the Republic of Korea for the period 31 January 1995 to 30 January 1996.

6.  The applicant's Certificate of Award of the Army Achievement Medal and DA Form 638 shows he was awarded the Army Achievement Medal by Permanent Order Number 95-7 for his service in the Republic of Korea for the period
29 January 1995 to 1 February 1996.

7.  He was ordered to active duty on 11 September 2004 in support of Operation Iraqi Freedom.

8.  His DD Form 214 for the period ending on 25 December 2005 shows that he was honorably released from active duty after serving 1 year, 3 months, and  
15 days of Net Active Service This Period.

9.  Item 12f of his DD Form 214 for the period ending on 25 December  
2005 shows the entry 1 year and 11 days.  Item 14 shows the entry None//Nothing Follows.

10.  Item 13 of his DD Form 214 for the period ending on 25 December  
2005 shows all his authorized awards except the KDSM and OSR (2d Award).

11.  Item 18 (Remarks) of his DD Form 214 for the period ending on  
25 December 2005 shows the entry Service in Iraq 2004/11/18 – 2005/11/27.

12.  Army Regulation 600-8-22 (Military Awards) states that 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 area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

13.  Army Regulation 600-8-22 shows that the OSR 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 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the OSR.

14.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 14 (Military Education) will list formal in-service training courses successfully completed during this period of service.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

15.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service, taken from the ERB/ORB (Enlisted Record Brief/Officer Record Brief) performed during the period covered by the DD Form 214 will be entered in item 12f.

16.  Army Regulation 635-5, in pertinent part, directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show award of the KDSM and OSR (2nd award).  He also contends that his record should be corrected to show Military Education and Foreign Service credit.

2.  The evidence shows the applicant is authorized the award of the KDSM for his service in the Republic of Korea for the period 29 January 1995 to 1 February 1996.  Therefore, he is entitled to correction of his records to show this award. 

3.  The evidence shows the applicant successfully completed two overseas tours, one in the Republic of Korea during the period 29 January 1995 to 1 February 1996 and the other in Iraq during the period 18 November 2004 to 27 November 2005.  Therefore, he is entitled to correction of his records to show the award of the OSR with Numeral 2.

4.  Item 14 of the applicant's DD Form 214 for the period ending 31 May  
1997 shows the applicant already received credit for all his military training for that period; therefore it is correctly recorded.  As such, he is not entitled to correction of his DD Form 214 for the period ending 25 December 2005.

5.  Item 12f of the applicant's DD Form 214 for the period ending 25 December 2005 shows the applicant received credit for his foreign service in Iraq.  In accordance with regulatory guidance the entry in Item 12f will contain the foreign service performed during the period covered by the DD Form 214.  Therefore, Item 12f of the DD Form 214 is correctly recorded.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MDM__  __JCR__  __RCH__  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 showing the awards of the KDSM and OSR with Numeral 2.

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 adding entries in Item 14 and Item 12f of the applicant's DD Form 214 for the period ending 25 December 2005.




___Mark D. Manning__
      CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.