IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080012562 


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 his time served in Korea be added to Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1995.  He further requests the Korean Defense Service Medal be added to his DD Form 214.

2.  The applicant states his record was not updated when he left Korea.

3.  The applicant provides, in support of his application, a DA Form 638-1 (Recommendation for Award [For Other Than Valor] of Army Achievement Medal [AAM], Army Commendation Medal [ARCOM], and Meritorious Service Medal [MSM]), orders assigning him to Headquarters and Headquarters, 4th Battalion, 501st Aviation in Korea, orders transferring him out of Korea, an Army Commendation Medal Certificate, his DD Form 214, and excerpts from the Internet identifying the criteria for the Korean Defense Service Medal.

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 applicants military personnel record shows he initially enlisted in the Regular Army on 13 November 1975 and served continuously until his release from active duty on 30 November 1995 and his transfer to the Retired List.

3.  The integrated Personnel Electronic Records Management System (iPERMS) does not provide for a history of a Soldier's duty assignments and the dates of their assignments.  In addition, iPERMS does not provide for a record service performed overseas.  

4.  The DA Form 638-1, submitted by the applicant, recommended and approved him for the Army Commendation Medal for service during the period from  December 1993 to 12 December 1994 as a first sergeant in a forward deployed attack helicopter battalion in Korea.

5.  On 30 November 1995, the applicant was released from active duty and transferred to the Retired List on the following day.  The DD Form 214 was issued for the period of service from 10 August 1979 to 30 November 1995.
Item 12c (Net Active Service This Period) contains the entry 0016 03 21 
(16 years, 3 months, and 21 days).

6.  Item 12f of the applicant's DD Form 214 contains the entry 008 00 07 (8 years and 7 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 of the DD Form 214 will be entered in item 12f.  

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have 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; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) 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.  Only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his last tour in Korea is not reflected as foreign service on his DD Form 214 with a separation date of 30 November 1995.  He further contends the Korean Defense Service Medal should be added to his DD Form 214.

2.  The iPERMS does not provide a history of assignments or a record of duty performed overseas.  In order to determine the accuracy of the information in Item 12f of the applicant's DD Form 214, official documentation would be needed showing the dates the applicant arrived and departed on each overseas tour, including his final tour in Korea.  There is no evidence or official documentation showing these dates.  Therefore, there is insufficient evidence to show whether or not the 8 years and 7 days currently shown as foreign service in Item 12f includes the applicant's final tour in Korea.

3.  The DA Form 638-1, submitted by the applicant does show he served with a unit in the Republic of Korea for 30 consecutive days or more.  Therefore, he meets the criteria set forth for the Korea Defense Service Medal and it would be appropriate to add this award 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 amending Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD 214 to show he is authorized the Korea Defense Service Medal.

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 additional foreign service.  





      _______ _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)                                         AR20080012562



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ABCMR Record of Proceedings (cont)                                         AR20080012562



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