IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080001825
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 that item 12f (Foreign Service) of his DD Form 214 be amended to show he had 2 years, 4 months, and 19 days of foreign service.
2. The applicant states that he served in Korea from 24 February 1999 to 15 June 2001.
3. The applicant provides a further assignment endorsement, dated 24 February 1999; a request for change to foreign service tour; and reassignment orders, dated 22 April 2001.
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 applicants 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 applicants 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 14 August 1996.
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows he departed his previous unit en route to Korea on 20 January 1999. A further assignment endorsement shows he was assigned to Headquarters and Headquarters Company, 164th Aviation Regiment, effective 24 February 1999.
4. Orders show the applicant was reassigned out of Korea with an availability date of 15 June 2001. His DA Form 2-1 shows he departed Korea on 11 June 2001.
5. The applicant was released from active duty on 14 December 2002. Item 12f of his DD Form 214 does not reflect his overseas service.
6. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal. 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, and the area of eligibility is 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.
DISCUSSION AND CONCLUSIONS:
1. Item 12f of the applicants DD Form 214 fails to show his foreign service in Korea.
2. The available evidence supports the applicants contention that he arrived in Korea on 24 February 1999. His reassignment orders show his availability date for departure was 15 June 2001; however, his DA Form 2-1 indicates his actual departure date was 11 June 2001. That would be 2 years, 3 months, and 18 days of service in Korea, not 2 years, 4 months, and 19 days.
3. Implementing instructions for award of the Korea Defense Service Medal were established after the applicant separated. His service in Korea makes him eligible for this award, and it should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xx____ __xx____ __xx____ 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:
a. amending item 12f of his DD Form 214 to show he served 2 years, 3 months, and 18 days of foreign service; and
b. adding the Korea Defense Service Medal 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 amending his DD Form 214 to show he served 2 years, 4 months, and 19 days of foreign service.
_ ____xxxxx ____________
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) AR20080001825
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