IN THE CASE OF:	  

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090010710 


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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all his authorized awards and decorations, all his military education, and all his foreign service credit. 

2.  The applicant states, in effect, that his final DD Form 214 does not correctly show all his decorations and awards, all his military training and education, nor does it properly account for all his foreign service tours.  He states his final DD Form 214 should contain the following information:

	a.  the Armed Forces Expeditionary Medal and the Korean Defense Service Medal;

	b.  his foreign service in U.S. Army Europe-Germany from 1971 to 1972 and his tour in Korea from 1974 to 1975 for 1 year, 2 months, and 1 day; and

	c.  his Basic Noncommissioned Officer Course, NCO Academy, small arms repair, and quartermaster school education courses.

3.  The applicant provides in support of his application three copies of his DD Forms 214 with separation dates of 10 August 1972, 2 July 1975, and 18 January 1978.



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 10 February 1971.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 76Y (Armor Supply Specialist).  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 17 (Civilian Education and Military Schools) the following entries:

	a.  "Unit/ORG SUPMN" for Unit or Organizational Supplyman, 7 weeks, completed in year 1971; 

	b.  "BLC" for Basic Leadership Course, 1 week, completed in year 1972;

	c.  "NCO Acad GRAD" for Noncommissioned Officer Academy Graduate, 4 weeks, completed in year 1973;

	d.  "SmallArmsRepCrs" for Small Arms Repairer Course, 1 week, completed in 1974; and 

	e.  "UnitSupClerk" for Unit Supply Clerk, 1 week, completed in 1974. 

4.  On 10 August 1972, he was honorably discharged and immediately reenlisted the next day in the Regular Army.  Upon his discharge, he received a DD Form 214 (form publishing date of 1 July 1966) that shows the following:

	a.  in item 23c (Foreign Service/or Sea Service) the entry "USAREUR" and "09 months and 22 days";  

	b. in item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows an entry for the National Defense Service Medal; and

	c. in item 25 (Education and Training Completed) shows that he completed the Supply Clerk course in 1971. 

5.  On 11 August 1972, the applicant reenlisted in MOS 76Y.  He was honorably discharged, on 2 July 1975, and reenlisted the next day.  Upon his discharge, he was issued a DD Form 214 (form publishing date of 1 November 1972) that shows the following:

	a.  in item 15f (Foreign Service/or Sea Service this Period) the entry "01 years, 02 months and 01 day";  

	b.  in item 19 (Indochina or Korea Service Since August 5, 1964) shows the entry "yes";

	c.  in item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows an entry for the National Defense Service Medal, the Armed Forces Expeditionary Medal-Korea, and the Army Good Conduct Medal; and 

	d.  there is no entry for military education on this particular DD Form 214.  

On 3 July 1975, the applicant reenlisted in the Regular Army for a third period of service.  

6.  On 18 January 1978, the applicant was discharged from the Regular Army prior to his expiration of his term of service with a characterization of service under honorable conditions.  He was discharged under the provisions of Army Regulation 635-200, chapter 10 for conduct triable by court-martial.  He was issued a DD Form 214 (form publishing date of 1 November 1972) that shows he had 68 days of lost time under the provisions of Title 10, U.S. Code.  Additional entries show the following:

	a.  in item 14 (Place of Entry into Current Active Service) the entry Camp Casey, Korea;

	b.  in item 18f (Foreign Service/or Sea Service this Period) the entry "01 months and 12 days" with item 27 (Remarks) showing the entry "Item 18f:  Korea";  
	c.  in item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the entries the National Defense Service Medal, the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two service stripes; and 

	d.  there is no entry for military education on this DD Form 214.

7.  On 15 February 1980, the Army Discharge Review Board upgraded the applicant's discharge to honorable.  The previous DD Form 214 with a discharge date of 18 January 1978 was voided and a new DD Form 214 for his period of service from 3 July 1975 to 18 January 1978 was prepared.  This form's publication date was 1 July 1979.  The following entries were noted:

	a.  in item 6 (Place of Entry into Active Duty) the entry shows Camp Casey, Korea;

	b.  in item 12f (Foreign Service) the entry "01 months and 12 days" with item 18 (Remarks) showing the entry "Korean Service:  Yes";  

	c.  in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized [all periods of service]) the National Defense Service Medal, the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two service stripes; and 

	d.  in item 14 (Military Education) shows the entry "None." 

8.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The area of eligibility is as follows:  

	a.  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and 

	b.  all air spaces above the land and water area.

9.  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

10.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter, from the Enlisted Record Brief, the total amount of Foreign Service completed during the period covered in block 12f.  

12.  Army Regulation 635-5, dated 20 August 1973, provides in pertinent part that entries for military education completed during the service period of a DD Form 214 will be entered in item 27 (Remarks) and a later version of the DD Form 214 shows a separate entry in item 14.  Entries can include formal in-service training courses; e.g., medical and dental, electronics, supply, administration, personnel or heave equipment operations.  This information is used to assist the Soldier in employment placement and job counseling, so training courses for combat skills will not be listed.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant is authorized to have his final DD Form 214 corrected to show award of the Armed Forces Expeditionary Medal-Korea for this service medal was recorded on his DD Form 214 with a separation date of 2 July 1975.  

2.  Based on the applicant's service in the Republic of Korea, he is entitled to have his record corrected to show the Korea Defense Service Medal.

3.  The DD Forms 214 issued are a summary of the applicant's period of service from the date of entry onto active duty until his release, discharge or retirement.  Each of the four DD Forms 214 issued to the applicant properly recorded his foreign service tours.  The final DD Form 214 with a separation date of 18 January 1978 shows he entered active duty on 3 July 1975 at Camp Casey, Korea with 1 month and 12 days remaining in his overseas foreign service tour.  

4.  Therefore, the applicant's record cannot be corrected to show all his foreign service tours on his final DD Form 214 for a foreign service tour is recorded only during the period of service in which the tour occurred. 

5.  The applicant contends that all his military schooling is not recorded on his final DD Form 214.  The applicant's request is without merit.  Military education is only recorded during the period of service covered by the DD Form 214.  As such, the applicant's records properly show he did not attend any military education courses during his final enlistment period from 3 July 1975 to 18 January 1978. 

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.  adding to his final DD Form 214 the Armed Forces Expeditionary 
Medal-Korea; and

	b.  awarding him 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 correcting the applicant's final 


DD Form 214 for the period 3 July 1975 to 18 January 1978 to show all his military education and all his foreign service tours.




      _______ _   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)                                         AR20090010710





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ABCMR Record of Proceedings (cont)                                         AR20090010710



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