IN THE CASE OF:	  

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080011262


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his two tours in Korea, 1989 and 1992, and to show that he was awarded the Korea Defense Service Medal.

2.  The applicant states that he was medically retired and was not at the medical holding company at the Fitzsimons Army Medical Center in Aurora, Colorado, when his final DD Form 214 was prepared.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA Form 2-1 (Personnel Qualification Record – Part II) in support of his application.

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 military records show he enlisted in the Regular Army on 13 July 1978.  He was trained as a Calibration Specialist in military occupational specialty 35H in 1983.  He was promoted to SSG/E-6 effective 2 June 1985.  He served in Korea from 23 January 1989 to 17 January 1990 and from 3 February 1992 to 18 December 1992.  He served until he was placed on the Retired List by reason of physical disability on 28 February 1994.

3.  Item 5 (Overseas Service) of the applicant’s DA- Form 2-1 (Personnel Qualification Record - Part II), shows that he served in Korea from 23 January 1989 to 17 January 1990, 13 months, and from 3 February 1992 to 18 December 1992, 11 months.

4.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 8 years, 9 months, and 27 days of foreign service.

5.  The applicant’s DD Form 214 does not show the Korea Defense Service Medal as an authorized award.

6.  Item 21 (Signature of member being separated) of his DD Form 214 shows the applicant was unavailable for signature.

7.  Army Regulation 635-5 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 by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 area of eligibility and period of eligibility are as follows:  

	a.  the area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, 

	b.  all air spaces above the land and water area, and

	c.  the period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  The above regulation also provides that service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; 

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  participation as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant completed two tours of duty in Korea.  Although his two tours are currently and correctly shown in item 5 (Overseas Service) of his DA Form 2-1, there is no provision to list periods of foreign service independently on his DD Form 214.  His service in Korea is included collectively in item 12f (Foreign Service) of his DD Form 214.  Therefore, there is no basis to correct his DD Form 214 to show his two tours in Korea.

2.  The applicant served in Korea during the qualifying period for award of the Korea Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

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 awarding the applicant the Korea Defense Service Medal and adding this award 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 correction of his records to specifically show that he served two tours of duty in Korea.



      __________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)                                         AR20080011262



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ABCMR Record of Proceedings (cont)                                         AR20080011262



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