IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100010782 


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 tours of overseas service in the Republic of Korea and the Federal Republic of Germany and her deployment to Saudi Arabia.

2.  The applicant states her foreign service is not reflected on her DD Form 214.

3.  The applicant provides copies of her DD Form 214; orders for permanent change of station (PCS) to the Republic of Korea; orders for PCS to Fort Carson, Colorado; and the first page of her DA Form 2-1 (Personnel Qualification Record - Part II).

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 17 August 1984, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty 91B (Medical Specialist).  She was subsequently assigned to Fort Sill, Oklahoma.

3.  On 8 July 1986, the applicant departed Fort Sill for duty in the Republic of Korea where she was assigned to the 560th Medical Company.

4.  On 29 July 1987, the applicant departed the Republic of Korea for assignment to Fort Carson, Colorado.

5.  On 20 September 1991, the applicant departed Fort Carson for duty in the Federal Republic of Germany where she was initially assigned to the 3rd Battalion, 227th Aviation Brigade.  Later she was reassigned to the 
4th Battalion, 43rd Air Defense Artillery Brigade.

6.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 indicates she completed a tour of duty in the Republic of Korea, a tour of duty in the Federal Republic of Germany, and was deployed to Saudi Arabia from 19 January 1992 to 1 July 1992.

7.  On 2 September 1993, the applicant departed the Federal Republic of Germany and returned to the United States for duty at Fort Hood, Texas.

8.  On 6 February 1996, the applicant was discharged due to a family hardship.  She had attained the rank of sergeant/pay grade E-5 and had completed 11 years, 5 months, and 20 days of creditable active duty service.

9.  The applicant's DD Form 214 shows:

	a.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) her awards as the Expert Marksmanship Qualification Badge with Rifle Bar, Expert Field Medical Badge, Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal (3rd Award), Noncommissioned Officer Professional Development Ribbon (2nd Award), Driver and Mechanic Badge with Driver-W Bar, Army Achievement Medal (2nd Award), Overseas Service Ribbon (2nd Award), Army Superior Unit Award, and the Army Commendation Medal; and

	b.  in item 18 (Remarks) that there is no entry for her deployment to Saudi Arabia.

10.  Army Regulation 635-5 (Separation Documents), as amended subsequent to the applicant's discharge, provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that item 18 will contain the following entry for Regular Army Soldiers:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

11.  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 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.

12.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her tours of overseas service in the Republic of Korea and the Federal Republic of Germany and her deployment to Saudi Arabia.

2.  The evidence of record clearly shows the applicant completed tours of duty in the Republic of Korea and the Federal Republic of Germany.  However, there are no regulatory provisions for showing specific overseas tours of duty on the DD Form 214.  Therefore, her request to do so should be denied.

3.  The evidence clearly shows the applicant was deployed to Saudi Arabia from 19 January 1992 to 1 July 1992.  Therefore, item 18 of her DD Form 214 should be corrected to reflect this deployment.

4.  To preclude the possible loss of any benefits associated with the applicant's overseas service, her DD Form 214 should be corrected to add the Korea Defense Service Medal and the KLM-KU.



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 is 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 item 18 of her DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19920119-19920701" and

	b.  showing, in addition to the awards already shown on her DD Form 214, that her awards include the Korea Defense Service Medal and the KLM-KU.

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 showing on her DD Form 214 her tours of duty in the Republic of Korea and the Federal Republic of Germany.



      ____________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)                                         AR20100010782



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ABCMR Record of Proceedings (cont)                                         AR20100010782



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