IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090013122
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Korea and the Korea Defense Service Medal.
2. The applicant states, in effect, her DD Form 214 shows her foreign service but it does not show the country nor does it show the Korea Defense Service Medal.
3. The applicant provides a DD Form 214 for the period ending 31 March 1977 (Report of Separation from Active Duty) and a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1980 in support of this 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 applicants 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 applicants 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 28 June 1974 and upon completion of initial entry training was awarded military occupational specialty 71M (Chaplain Assistant). On 31 March 1977, she was discharged for the purpose of immediate reenlistment. She reenlisted on 1 April 1977 for 3 years and was released from active duty on 31 March 1980.
3. Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows she served in Korea from 23 June 1978 to 22 June 1979.
4. Item 12f (Foreign Service) of the applicant's DD Form 214 for the period ending 31 March 1980 shows she served 1 year of foreign service. There is no indication that her overseas service was in Korea.
5. 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." There were no provisions for entering the actual location where the foreign service was performed on the DD Form 214 during the period in question.
6. 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 encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. 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.
DISCUSSION AND CONCLUSIONS:
1. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location of the foreign service on an individuals DD Form 214 at the time the applicant was released from active duty on 31 March 1980. Her foreign service is appropriately recorded in item 12f of her 1980 DD Form 214.
2. Notwithstanding the fact that there are no provisions for entering the location of the applicant's foreign service on her 1980 DD Form 214, her service in Korea does entitle her to the Korea Defense Service Medal. The addition of this award to her DD Form 214 should suffice to show that she served in Korea while in the Army.
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 her DD Form 214 for the period ending 31 March 1980 by adding 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 her 1980 DD Form 214 to include a specific entry showing that her 1 year of foreign service was served in Korea.
___________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) AR20090013122
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ABCMR Record of Proceedings (cont) AR20090013122
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