IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090011174 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military occupational specialties (MOS's), awards, and length of foreign service.

2.  The applicant states that his DD Form 214 is incorrect.

3.  The applicant provides, in support of his application, copies of his DD Form 214; USAREC Form 10B (NCO (Noncommissioned Officer) Evaluation Data Report), and pages 1 and 3 of his DA Form 2-1 (Personnel Qualification Record) with data current as of 1991.

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.  On 24 August 1977, the applicant enlisted in the Regular Army.  He completed his initial training in November 1977.  He was awarded MOS 12B1O (Combat Engineer).

3.  On 26 June 1980, the applicant was promoted to sergeant, pay grade E-5, he was concurrently awarded MOS 12B2O.

4.  The applicant served in the Republic of Korea from 26 May 1981 to 26 May 1982 (1 year and 1 day).

5.  On 24 September 1983, the applicant was promoted to staff sergeant, pay grade E-6, and he was concurrently awarded him MOS 12B3O.

6.  The applicant served in the Federal Republic of Germany from 13 December 1983 to 26 November 1986 (2 years, 11 months, and 14 days).

7.  In January 1987, the applicant completed the Recruiter Course and he was concurrently awarded primary MOS 00R3O (Recruiter), and MOS 12B3O became his secondary MOS.

8.  The applicant served in the Federal Republic of Germany from 29 April 1991 to 1 April 1994 (2 years, 11 months, and 3 days).

9.  On 1 April 1994, the applicant was promoted to sergeant first class, pay grade E-7, and he was concurrently awarded primary MOS 00R4O and secondary MOS 12B4O.

10.  On 31 March 1998, the Army separated the applicant from active duty and placed him on the retired list effective 1 April 1998 in the rank of sergeant first class, pay grade E-7.  His DD Form 214 shows that he had completed 20 years, 7 months, and 7 days of creditable active service, including a total of 6 years, 
10 months, and 18 days of foreign service.

11.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Korean Service Medal.

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 11 (Primary Specialty) provides a record of the Soldier's MOS's awarded to him and held for at least 1 year.  This does not include duty MOS's.  MOS's are not to be broken down by skill level, but rather show MOS at highest skill level for the entire period held.  Item 12f (Foreign Service) provides a record of the Soldier's overseas service.  Item 13 provides a record of the Soldier's awards.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not show his correct MOS's, overseas service, or awards for service in the Republic of Korea.

2.  In accordance with regulatory guidance and accepted practice, Item 11 of the applicant's DD Form 214 should be changed to show:

	a.  12B4O (Combat Engineer) 20 years 7 months; and

	b.  00R4O (Recruiter) 7 years, 3 months.

3.  The evidence of record clearly shows the applicant did not serve during a qualifying period for award of the Korean Service Medal.  Therefore, the applicant's request for this award should be denied.

4.  The applicant served during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence of record clearly shows the applicant served on three separate overseas tours of duty, once in the Republic of Korea and twice in the Federal Republic of Germany.  This service equaled 6 years, 10 months, and 18 days.  This foreign service is correctly entered in Item 12f of his DD Form 214.  Therefore, no basis has been established for changing his foreign service 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 all entries in Item 11 of his DD Form 214;

	b.  adding in Item 11 of his DD Form 214: 12B4O (Combat Engineer):  
20 years and 5 months; and 00R4O (Recruiter): 7 years and 3 months; and

	c.  adding to the awards already shown on his DD Form 214, the Korean 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 award of the Korean Service Medal and the length of his foreign service.




      _______ _   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)                                         AR20090011174



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ABCMR Record of Proceedings (cont)                                         AR20090011174



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