IN THE CASE OF:	  

		BOARD DATE:	  16 December 2008

		DOCKET NUMBER:  AR20080014359 


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, that item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and item 12f (Foreign Service) of his separation document (DD Form 214, Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states, in effect, that item 12f of his DD Form 214 should be corrected to show he completed 7 months of foreign service.  He also states that item 13 should be corrected by deleting the Korea Defense Service Medal (KDSM) and adding the Southwest Asia Service Medal (SWASM).

3.  The applicant provides his DD Form 214 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 record shows he enlisted in the Regular Army and entered active duty on 29 October 1992, and was trained in, awarded, and served in military occupational specialty (MOS) 92G (Food Service Specialist).  

3.  On 10 March 2005, the applicant was honorably discharged from active duty by reason of disability with severance pay.  The DD Form 214 he was issued at the time shows he completed 12 years, 4 months, and 12 days of active military service.  Item 12f contains the entry "0000 00 00" which indicates he completed no foreign service.  Item 13 shows he earned the following awards:  Army Commendation Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), KDSM, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Parachutist Badge.

4.  Item 18 (Remarks) of the DD Form 214 includes the entry "SERVICE IN AFGHANISTAN 20030804 – 20040303."  The applicant authenticated his separation document with his signature in item 21 (Signature of Member Being Separated).

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-14 provides guidance on award of the SWASM.  It states, in pertinent part, that it is awarded to members for service in Southwest Asia (SWA) in support of the Persian Gulf War during Operations Desert Shield/Desert Storm on or after 2 August 1990.  A bronze service star is authorized for campaigns a member participated in while serving in SWA.  The SWA Conflict ended on 30 November 1995.

6.  Paragraph 2-20 of the awards regulation provides guidance on award of the KDSM.  It states, in pertinent part, that it is authorized to be awarded to members who served on active duty in Korea from 28 July 1954 to a date to be determined.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army, and establishes standardized policy for the preparation and distribution of the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  Item 13 states to enter awards earned for all periods of service.


DISCUSSION AND CONCLUSIONS:

1.  By regulation, item 12f of the separation document will contain the total amount of foreign service completed during the period covered by the DD Form 214.  The evidence of record confirms that the applicant completed 7 months of overseas service in Afghanistan from 4 August 2003 to 3 April 2004, as evidenced by the entry contained in item 18 of the DD Form 214.  Therefore, it would be appropriate to amend item 12f by deleting the current entry and replacing it with then entry "0000  07  00" which will reflect the seven months of foreign service he completed in Afghanistan.

2.  The evidence of record fails to confirm that the applicant performed any foreign service in Korea.  As a result, his contention that the KDSM should be removed from the list of awards in item 13 of his DD Form 214 is substantiated.  As a result, it would be appropriate to amend item 13 by deleting the portion of the entry pertaining to the KDSM.

3.  The evidence of record fails to show that the applicant served in SWA in support of the Persian Gulf War during Operations Desert Shield/Desert Storm between 2 August 1990 and 30 November 1995.  Therefore, there is an insufficient evidentiary basis to support granting the portion of the requested relief pertaining to award of the SWASM.

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 his DD Form 214 by deleting the current entry in item 12f and replacing it with the entry "0000  00  07," by amending item 13 by deleting the Korea Defense Service Medal from the list of awards, and by issuing him a correction to his separation document to reflect these changes.

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 adding the Southwest Asia Service Medal to item 13 of his DD Form 214.



      _________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)                                         AR20080014359



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ABCMR Record of Proceedings (cont)                                         AR20080014359



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