RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 March 2008
      DOCKET NUMBER:  AR20070016969


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Frank C. Jones                |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Mr. Scott W. Faught               |     |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, in three separate applications, that the Korea
Defense Service Medal and the Driver’s Badge be added to his DD Form 214
(Certificate of Release or Discharge from Active Duty) and that his
separation code (i.e., the separation program designator (SPD)) on his DD
Form 214  be changed.

2.  The applicant states that he has orders for the Korea Defense Service
Medal; that he was awarded the Driver’s Badge; and that a 1992 message
noted that his SPD was wrong and this has caused continuous problems with
his income taxes.

3.  The applicant provides a letter, dated 14 September 2007, from the
National Personnel Records Center noting, in part, that he was authorized
the Korea Defense Service Medal; orders awarding him the Driver’s Badge
(W); and a computerized letter, postmarked 26 January 1993.

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 enlisted in the Regular Army on 27 October 1976.

3.  The applicant served in Korea from on or about 9 February 1977 through
on or about 8 February 1978 and from on or about 25 October 1979 through on
or about 9 December 1980.

4.  Headquarters, 72d Ordnance Battalion Permanent Orders 34-5, dated 29
July 1991, awarded the applicant the Driver’s Badge (W).

5.  Effective 18 November 1991, the applicant was selected for the
Qualitative Management Program and received a Headquarters, Department of
the Army Bar to Reenlistment.  He was informed that if he did not appeal
the bar he would be separated under the provisions of Army Regulation 635-
200, paragraph      16-8 within 90 days.  On 25 November 1991, he requested
discharge.

6.  On 18 February 1992, the applicant completed a DA Form 4187 (Personnel
Action) agreeing to serve in the U. S. Army Reserve for a period of not
less than 3 years as a condition for his receiving separation pay.
However, he also acknowledged that he understood that if he was otherwise
qualified for separation pay and it was determined that he was not
qualified for enlistment    (in the U. S. Army Reserve) he would be
considered to have met that condition.

7.  On 18 February 1992, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, paragraph 16-8 with a narrative
reason for separation of Reduction in Strength-Qualitative Early Transition
Program with half separation pay.  He was given an SPD of JCC.  His DD Form
214 does not show he was awarded the Driver’s Badge (W) or the Korea
Defense Service Medal.

8.  The applicant provided a computerized letter, dated 26 January 1993, to
the Defense Finance and Accounting Service from Julie R___, with an unknown
agency.  The letter stated in part, “IN JULY OF 92 A (sic) E-MAIL MESSAGE
WAS SENT THAT SM SPD CODE WAS INCORRECT, AND TO PLEASE ADJ SPD CODE TO READ
J10, SM IS ENTITLED TO HALF SEP.PAY.  PLEASE ADJ.ACCT. A.S.A.P. FOR SM HAS
RECIEVED (sic) NEW DEBT LETTER.”

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal is
awarded to service members of the armed forces who served in support of the
defense of the Republic of Korea from 28 July 1954 through a future date to
be determined by the Secretary of Defense.  The area of eligibility
encompasses all land area of the Republic of Korea, and the contiguous
water out to 12 nautical miles, and all air spaces above the land and water
areas.  Service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60 non-
consecutive days.

10.  Army Regulation 635-5-1 (Separation Program Designators (SPD)), both
the version in effect at the time (effective 19 October 1982), a later
version (effective 1 October 1993), and the current version (effective 1
January 2001) state that SPD JCC denotes separation under the provisions of
Army Regulation 635-200, paragraph 16-8 (later changed to paragraph 16-7),
Reduction in Authorized Strength.  All three versions show SPDs for all
categories of separation as consisting of three alpha characters.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Driver’s Badge (W).  He served in Korea
and met the eligibility criteria for award of the Korea Defense Service
Medal.  These two awards should be added to his DD Form 214.

2.  The applicant provided a computerized letter, dated 26 January 1993,
that referred to a July 1992 e-mail and that stated his SPD was incorrect
and should have read J10.  A copy of that e-mail is not available, and it
is noted that SPD J10 was not and is not currently a valid SPD.  Without
having that July 1992       e-mail to consider, it is presumed that he was
properly given an SPD of JCC.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__fcj___  __cd____  __swf___  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 the Korea Defense Service Medal and the
Driver’s Badge (W) to his DD Form 214.

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
changing his SPD.




                            __Frank C. Jones______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016969                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]