IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20080016668 


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 award of the Korea Defense Service Medal, two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)), and two awards of the Army Achievement Medal (correctly known as the Army Achievement Medal (First Oak Leaf Cluster)).

2.  The applicant also requests that his DD Form 214 be corrected to show his secondary military occupational specialty (MOS) of 88M (Motor Transport Operator).  

3.  The applicant states that his DD Form 214 does not reflect his service in Korea, but his orders and discharge document show foreign service.  

4.  The applicant provides the following documents in support of his application: a copy of his DD Form 214; his reassignment orders to Korea, dated 8 April 1992; a U.S. Department of Defense, Office of the Assistant Secretary of Defense (Public Affairs), News Release announcing the Korea Defense Service Medal; 
an electronic message, dated 15 November 2008; four DA Forms 638-1 (Recommendation for Award); and orders awarding him secondary MOS 88M.  



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 enlisted in the Regular Army on 29 January 1992.  At the completion of basic training and advanced individual training, he was awarded MOS 19D (cavalry scout).  His highest grade attained was specialist, E-4.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he arrived in Korea on or about 8 June 1992.  

4.  His DA Form 638-1, dated 15 April 1993, shows he was awarded the Army Achievement Medal (First Oak Leaf Cluster) for meritorious service during the period June 1992 to June 1993 by Headquarters, 5th Squadron, 17th Cavalry, Permanent Order Number 9-13, dated 9 June 1993.

5.  The applicant departed Korea on 7 June 1993.  His DD Form 214 shows he completed 1 year of foreign service in item 12f (Foreign Service).  

6.  Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, Orders 090-501, dated 17 May 1994, awarded the applicant the secondary MOS of 88M effective 11 May 1994.

7.  His DA Form 638-1, dated 25 May 1994, shows he was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period 15 July 1993 to 10 June 1994 by the 4th Aviation Brigade, Fort Carson, CO, Permanent Order Number 061-13, dated 31 August 1994.

8.  He was honorably released from active duty on 10 June 1994.  His DD Form 214 shows, in part, the Army Achievement Medal and the Army Commendation Medal as authorized awards.  

9.  Item 11 (Primary Specialty) of his DD Form 214 shows the entry "19D1 CAVALRY SCOUT -- 2 YRS - 1 MOS."

10.  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 and period of eligibility are 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; and (2) 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.

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it directs that the titles of all MOSs served for at least one year and the number of years and months served will be entered in item 11.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his DD Form 214 does not reflect his service in Korea.  However, his DD Form 214 properly reflects 1 year of foreign service in item 12f.  Guidance for preparation of the DD Form 214 at the time of his separation on 10 June 1994 did not require identification of overseas service.  

2.  The applicant served a period of qualifying service in Korea for award of the Korea Defense Service Medal.  Therefore, this award should be added to his DD Form 214.

3.  Permanent orders show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) and the Army Achievement Medal (First Oak Leaf Cluster).  Therefore, his DD Form 214 should be amended to show these awards.  

4.  The applicant was awarded secondary MOS of 88M effective 11 May 1994 and was released from active duty one month later on 10 June 1994.  However, based on Army Regulation 635-5, all MOSs served in for at least one year will be entered in item 11 of the DD Form 214.  Therefore, the applicant did not serve in or hold his secondary MOS of 88M for the sufficient amount of time required to be recorded on 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:

	a.  deleting the entries "ARMY ACHIEVEMENT MEDAL" and "ARMY COMMENDATION MEDAL" from his DD Form 214; and

	b.  amending his DD Form 214 to add award of the Korea Defense Service Medal, the Army Commendation Medal (First Oak Leaf Cluster), and the Army Achievement Medal (First Oak Leaf Cluster).

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 his secondary MOS of 88M to his DD Form 214.  




      _______ _   _XXX______   ___
               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)                                         AR20080016668





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016668



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1