IN THE CASE OF:	  

		BOARD DATE:	       8 OCTOBER 2009

		DOCKET NUMBER:  AR20090007463 


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 his service in Korea be acknowledged on his 1989 DD Form 214 (Certificate or Release or Discharge from Active Duty). 

2.  The applicant states he spent one year in Korea as a hardship tour between 
1 December 1987 and 1 December 1988 and that his DD Form 214 does not show “the good work” he did or his hardship tour, nor acknowledge that he was in Korea.

3.  The applicant provides a copy of 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.  Records available to the Board indicate the applicant entered military service as a member of the Army National Guard in 1982, successfully completed training, and was honorably discharged on 1 October 1984.  On 16 November 1987 he enlisted and entered active duty as a Regular Army Soldier.

3.  Entries in item 5 (overseas service) on his DA Form 2-1 (Personnel Qualification Record) confirms the applicant served a tour of duty in Korea with the 45th Transportation Company between 29 November 1987 and 28 November 1988.

4.  Following completion of his tour of duty in Korea, the applicant was assigned to Fort Polk, Louisiana where he was eventually administratively discharged under the provisions of Army Regulation 635-200, Chapter 10 (in lieu of trial by court-martial) after being charged with AWOL (absent without leave) upon arrival at Fort Polk.

5.  Item 12f (foreign service) on the applicant’s 1989 DD Form 214 does show that he served 1 year overseas, although there is no indication on the form that his overseas service was in Korea.  The form also shows entitlement to the Army Service Ribbon.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 12f of the DD Form 214 would reflect "the total amount of foreign service completed during the period covered in item 12c."  Subsequent updates to Army Regulation 635-5 clarified the entry in item 12f by stating that the foreign service information would be obtained from item 5 of the DA Form 2-1.  There were no provisions for entering the actual location of combat tours on the DD Form 214 during the period in question.

7.  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 between 28 July 1954 and a date to be determined by the Secretary of Defense while assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  

8.  Army Regulation 600-8-22 also shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

9.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour length and specifically tour length for Korea which is 24 months if accompanied by dependents and 12 months for all others.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location of one’s overseas service on an individual’s DD Form 214 at the time the applicant was discharged from the Army in 1989.  His foreign service is appropriately recorded in item 12f on his 1989 DD Form 214.

2.  However, notwithstanding the fact that there are no provisions for entering the location of the applicant’s foreign service on his 1989 DD Form 214 his service in Korea does entitle him to the Korea Defense Service Medal.  The addition of this award to his DD Form 214 should suffice to show that he did serve in Korea while in the Army.

3.  The applicant’s tour of duty in Korea also qualifies him for award of the Overseas Service Ribbon.

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 showing he is entitled to the Korea Defense Service Medal and the Overseas Service Ribbon.
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 correcting his 1989 DD Form 214 to include a specific entry showing that his one year of foreign service was served in Korea.




      _______ _   _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)                                         AR20090007463



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ABCMR Record of Proceedings (cont)                                         AR20090007463



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