IN THE CASE OF:	  

		BOARD DATE:	       13 November 2008

		DOCKET NUMBER:  AR20080013717 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of 5 years and 21 days of foreign service and award of the Korea Defense Service Medal.  

2.  The applicant states that he completed 4 years and 8 days of foreign service in Germany and 1 year and 13 days in Korea, for a total of 5 years and 21 days and that his service in Korea demonstrates his entitlement to the Korea Defense Service Medal. 

3.  The applicant provides a copy of his Officer Record Brief (ORB) in support of request. 

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 records show that he was appointed as an infantry Reserve commissioned officer in the rank of a second lieutenant and entered active duty on 6 January 1978.  He completed the Infantry Officer Basic Course on 18 April 1978.

3.  The applicant's ORB shows he served in Korea for a period of 12 months from July 1978 to August 1979 and Germany for a period of 48 months, from February 1983 to February 1987.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 24 July 1978 to 1 August 1979 and Germany from 21 February 1983 to 20 February 1986.

5.  Section VII (Current and Previous Assignments) of the applicant’s DA Form   2-1 also shows the following entries

	a.  he was assigned as a platoon leader to Company A, 1st Battalion, 23rd Infantry, 2nd Infantry Division, Korea, on 29 July 1978 and remained until 1 August 1979, when he was reassigned to Fort Bragg, North Carolina; and

   b.  he was assigned to the 3rd Infantry Division, Germany, on 21 February 1983 and remained until 14 February 1987, when he was reassigned to Fort Hood Texas.

6.  The applicant’s records show he was honorably separated in the rank of captain (CPT) on 1 July 1989.  The DD Form 214 he was issued shows he completed 11 years, 5 months, and 24 days of creditable military service.  Item 12f (Foreign Service) of this DD Form 214 shows the entry “04  00  08.”

7.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Commendation Medal (3rd Oak Leaf Cluster), the Army Achievement Medal (1st Oak Leaf Cluster), the Armed Forces Reserve Medal, Army Service Ribbon, the Overseas Service Ribbon (2nd award), the Expert Infantryman Badge, the Ranger Tab, and the Senior Parachutist Badge.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation governs the preparation of the DD Form 214.  Item 14 of the DD Form 214 lists formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Item 12f is obtained from the ERB/ORB and shows the total amount of foreign service completed during the period covered by the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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 area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  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.  participating 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 applicant's ORB and DA Form 2-1 contain conflicting data regarding his foreign service.  However, it appears that the applicant completed 1 year and 9 days of foreign service in Korea (24 July 1978 to 1 August 1979) and 3 years, 11 months, and 25 days of foreign service in Germany (21 February 1983 to 14 February 1986), for a total of 5 years and 4 days.  Therefore, he is entitled to correction of his records to show 5 years and 4 days of total foreign service.

2.  The evidence of records also shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.  

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 deleting the entry "04  00  08" from Item 12f of the applicant's DD Form 214 and replacing it with the entry "05  00  04" and showing award of 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 completion of 5 years and 21 days of foreign service.



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               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)                                         AR20080013717





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ABCMR Record of Proceedings (cont)                                         AR20080013717



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