BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090015476 


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 his foreign service in Korea.

2.  The applicant states his Korea service does not appear on his DD Form 214.  Upon applying for a Federal job, he was unable to prove his Korea service for veteran preference points.

3.  The applicant provides a copy of his DD Form 214, dated 28 February 1995; a copy of Orders 172-4, issued by Headquarters, 2nd Infantry Division, dated 2 September 1992; and a copy of Orders 060-205, issued by the 509th Personnel Service Company, dated 1 March 1993.

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's records show he enlisted in the Regular Army on 2 January 1992 and held military occupational specialty (MOS) 63Y (Track Vehicle Mechanic).

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 31 August 1992 to 26 August 1993.  He was assigned to Headquarters and Headquarters Company, 2nd Engineer Battalion.

4.  He was honorably released from active duty on 28 February 1985 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  His DD Form 214 shows he completed 3 years, 1 month, and 29 days of creditable active service.  Item 12f (Foreign Service) shows he completed 11 months and 26 days of foreign service.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s records.  Additionally, the current version of the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

7.  A review of his records indicates his entitlement to an additional award which is not shown on his DD Form 214.

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 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.  The applicant contends that his Korea foreign service should be shown on his DD Form 214.

2.  The evidence of record shows that the applicant served in Korea from 31 August 1992 to 26 August 1993.  This period of foreign service is captured in item 12f of his DD Form 214.  There is no provision in the regulation to list the specific country of foreign service in item 12f.

3.  The current version of the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, a statement of the country of deployment (locations authorized hazardous fire pay/imminent danger pay (HFP/IDP) and inclusive dates is listed in the remarks block of the DD Form 214.  The applicant in this case did not serve in a HFP/IDP area.  

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  He did not submit evidence that would satisfy that requirement.  Therefore, there is insufficient evidence to grant his requested relief.

5.  Nevertheless, his service in Korea from 31 August 1992 to 26 August 1993 qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

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 adding to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 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 his foreign service 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)                                         AR20090015476



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ABCMR Record of Proceedings (cont)                                         AR20090015476



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