IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013412 


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 service in Korea.

2.  The applicant states he served in Korea but his service is not shown on his DD Form 214.  This hinders him from receiving State educational benefits or discounts awarded solely for foreign service.

3.  The applicant did not provide any additional documentary evidence. 

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 26 October 2000 and he held military occupational specialty 92A (Automated Logistics Specialist).   

3.  He was discharged on 25 August 2003.  His DD Form 214 shows he completed 2 years and 10 months of total active service.  This form also shows in:

* Item 12f (Foreign Service) the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Army Service Ribbon

4.  His records contain a certificate awarding him the Army Achievement Medal for meritorious service while assigned to Headquarters and Headquarters Company, Division Support Command, 2nd Infantry Division, Korea, from 6 June 2001 to 5 June 2002.  This award was authorized based on Permanent Orders 065-02, issued by Division Support Command, dated 6 March 2002.

5.  An email from the Defense Finance and Accounting Service, Indianapolis, IN, dated 6 October 2010, confirms he received cost of living allowance (COLA) for Korea from 6 June 2001 to 28 May 2002.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* 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

7.  Review of his records indicates entitlement to additional awards which are not shown on his records.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 (AOE) 
encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 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.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

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

2.  The applicant's pay records show he received COLA based on his service in Korea for a period of 11 months and 22 days from 6 June 2001 to 28 May 2002.  This period of foreign service is also consistent with that shown on his award of the Army Achievement Medal.  Therefore, item 12f of his DD Form 214 should be corrected to reflect his foreign service.

3.  The evidence of record shows the applicant was awarded the Army Achievement Medal by permanent orders for meritorious service and he served a qualifying period of service for awards of the Korea Defense Service Medal and the Global War on Terrorism Service Medal, but none of these awards are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  There is no provision in the regulation to list the specific country of foreign service on the DD Form 214.  Additionally, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  Nevertheless, the applicant may use these Proceedings to confirm his foreign service in Korea.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  deleting from item 12f of his DD Form 14 the entry "0000  00  00" and replacing it with the entry "0000  11  22";

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal, Korea Defense Service Medal, and the Global War on Terrorism Service Medal.

2.  The Board further determined 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 listing his service in Korea on 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)                                         AR20100013412



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ABCMR Record of Proceedings (cont)                                         AR20100013412



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