IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010 

		DOCKET NUMBER:  AR20100012962 


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 31 December 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service duty in Germany and Korea.

2.  He states he served in Germany for 35 months from 1 February 1978 to 
15 December 1980.  He also maintains he served 12 months in Korea from 
23 August 1995 to 29 August 1996. 

3.  He provides the following:

* 31 December 2000 DD Form 214
* Officer Record Brief (ORB)
* Orders 98-3-A-848, dated 21 June 1977
* Orders 307-47, dated 19 November 1980
* Orders 130-35, dated 15 June 1995
* Officer Evaluation Reports (OERs)

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 was appointed as a Reserve commissioned officer in the grade of second lieutenant on 21 May 1977.  He entered active duty on 15 September 1977.  He served 23 years, 3 months, and 16 days and was honorably retired on 31 December 2000 in the grade of lieutenant colonel.  

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show he served overseas.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Korea Defense Service Medal (KDSM).

4.  Orders 98-3-A-848, dated 21 June 1977, show he was reassigned to the 21st Replacement Battalion, Germany, with a report date of 18 January 1977 which was amended to read 18 January 1978.  

5.  Orders 307-47, dated 19 November 1980, amended his permanent change of station orders (Orders 284-27, dated 27 October 1980) from an availability date of 16 January 1981 to an availability date of 16 December 1980.  A copy of the original order is not contained in his official military personnel file.

6.  His ORB shows he was assigned to the 558th Military Police Company, Germany, from 1 February 1978 to 30 November 1979.  On 1 December 1979, he was reassigned to the 3rd Ordnance Battalion, Germany.  Additionally, his ORB shows he returned from Germany on 1 December 1980.  He was credited with a 34-month overseas completed tour in Germany.  His OERs substantiate his assignment in Germany.

7.  Orders 130-35, dated 15 June 1995, show he was reassigned to the 1st Adjutant General Replacement Detachment, Korea, with a report date of             1 August 1995.

8.  His ORB shows he was assigned to Camp Red Cloud, Korea, on 23 August 1995 and returned on 1 July 1996.  He was credited with a 12-month overseas completed tour in Korea.  His OER shows he was rated from 3 July 1995 to 
2 July 1996 as the Deputy Commander, Area 1 West Support Activity, Korea. 



9.  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 the total amount of foreign service completed from the ORB during the period covered in item 12f.  

10.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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.  Although the exact dates of the applicant's service in Germany and Korea are unknown, his ORB verifies he served 34 months in Germany and 12 months in Korea.  His periods of overseas service in Germany and Korea are consistent with the information obtained from his orders, ORB, and OERs.  Therefore, he is entitled to correction of his DD Form 214 to show 3 years and 10 months of foreign service. 

2.  Evidence of record shows the applicant served a qualifying period for award of the KDSM.  Therefore, his records should be corrected to show this award.  

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 31 December 2000 DD Form 214 by:

	a.  deleting from item 12f the entry "0000  00  00" and replacing it with the entry "0003  10  00" and

	b.  adding to item 13 the KDSM.



      _______ _   _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)                                         AR20100012962





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ABCMR Record of Proceedings (cont)                                         AR20100012962



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