BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20090020941 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the locations of his foreign service tours.

2.  The applicant states his DD Form 214 does not show the locations of his foreign service tours.  He states he served in Germany, Turkey and Korea on overseas assignments and these locations are not recorded on his DD Form 214. He is trying to join a Veterans service organization and needs his DD Form 214 corrected to show his overseas tour in Korea.  

3.  The applicant did not provide any supporting documents with 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.  The applicant enlisted in the Regular Army on 20 September 1978.  He completed his initial entry training and was awarded military occupational specialty 92Y (Unit Supply Specialist).  He continuously reenlisted, serving until his retirement on 30 September 1998.  The highest rank he attained was sergeant first class (SFC)/pay grade E-7.

3.  On 30 September 1998, the applicant was issued a DD Form 214 that shows he had completed 20 years and 11 days of net active service.  Item 12f (Foreign Service) of his DD Form 214 shows he served 8 years, 1 month, and 28 days of foreign service during his military career. 

4.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain the geographic locations of his foreign service tours or the start and end dates of these tours.  

5.  The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) does not contain a copy of the applicant's automated Enlisted Record Brief (ERB) or a scanned copy of his 
DA Form 2-1 (Personnel Qualification Record).  These two documents would have shown the geographic location and duration of his foreign service tours.  

6.  The applicant's iPERMS file does contain four DA Forms 2166-7 (Noncommissioned Officer Evaluation Report [NCOER]) showing he served outside the Continental United States.

	a.  an NCOER with the thru date July 1985 shows the geographic location of his assigned unit was U.S. Army—Europe;

	b.  an NCOER for the period from June 1988 thru March 1989 shows 10 rated months and the geographic location of his assigned unit was Korea based on an Army Post Office San Francisco Zip Code and an appointed duty as the Korean Service Corps Coordinator;

	c.  an NCOER with the thru date October 1996 shows the geographic location of his assigned unit was U.S. Army—Europe; and

	d.  an NCOER with the thru date May 1997 shows the geographic location of his assigned unit was U.S. Army—Europe 

7.  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.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 remarks "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the geographic locations of his foreign service tours should be added to his DD Form 214 so he can meet qualifications for membership in a Veterans service organization. 

2.  There was and is no requirement to list the countries where a Soldier served a foreign services tour on the DD Form 214.  The regulation does provide for listing the geographic location of deployment and the dates of deployment when an active duty Soldier deploys with his unit.  As such, there is no justification to grant the applicant's request to correct his DD Form 214 to show the geographic locations of his foreign service tours. 

3.  Evidence of record shows the applicant served three foreign service tours in U.S. Army—Europe and one tour in U.S. Army—Korea.  Based on serving over 30 days in the Republic of Korea after 28 July 1954, the applicant is entitled to a correction of his DD Form 214 to show award of the Korea Defense Service Medal. 

4.  The applicant may present his corrected DD Form 214 to Veterans service organizations showing award of the Korea Defense Service Medal as proof that he served a foreign service tour in a qualifying geographic area. 



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 the applicant's DD Form 214 with a separation date of 30 September 1998 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 adding the countries of his foreign service tours to his DD Form 214. 




      _______ _   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)                                         AR20090020941



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ABCMR Record of Proceedings (cont)                                         AR20090020941



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