IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100014503
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 his DD Form 214 (Certificate or Release from Active Duty) be corrected to show his foreign service in the Republic of Korea.
2. The applicant states he served in the Republic of Korea with Company D, 802nd Engineer Battalion and that this service is not recorded on his DD Form 214.
3. The applicant provides the following documentary evidence in support of his application:
a. DD Form 214 with a separation date of 13 December 1979;
b. an Equipment Operator's Qualification Record, dated 27 July 1979;
c. excerpts from his Personnel Qualification Record (PQR); and
d. a letter from the National Personnel Records Center, dated 26 April 2010.
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 applicants 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 applicants 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 29 December 1975 for a 4-year period of service. He completed his initial entry training and was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).
3. A review of the applicant's PQR shows in item 5 (Overseas Service) that he served in the Republic of Korea from 24 February 1978 to 23 February 1979. Item 35 (Record of Assignments) shows he was assigned to Company D, 802nd Engineer Battalion during this foreign service tour.
4. On 13 December 1979, he was honorably released from active duty upon completion of his required service and he transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. He was issued a DD Form 214 that shows the following pertinent entries:
a. item 12c (Net Active Service This Period) 3 years, 11 months, 15 days;
b. item 12f (Foreign Service) 1 year;
c. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
d. item 18 (Remarks) NOTHING FOLLOWS.
5. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty providing a brief, clear-cut active duty service at the time a Soldier is released from active duty, discharged or retired. The source documents used to develop the Soldier's DD Form 214 are the PQR, the separation order, and any other document authorized for filing in the Soldier's Official Military Personnel File.
6. Army Regulation 635-5 states, in pertinent part, enter the total amount of foreign service completed during the period in item 12c.
7. 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 for 30 consecutive days or more. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense
DISCUSSION AND CONCLUSIONS:
1. Based on the evidence of record, the applicant completed a 1-year foreign service tour in the Republic of Korea. At the time of his service, there was no regulatory requirement for a separating Soldier to have the specific geographic location of his foreign service tour entered on his DD Form 214.
2. Based on his service in the Republic of Korea for more than 30 consecutive days, the applicant is entitled to a correction of his record to show award of the Korea Defense Service Medal. This will, in effect, show his 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 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 the Korea Defense Service Medal to his DD Form 214 with an ending date of 13 December 1979.
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 geographic location of his foreign service tour (Republic of Korea) 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) AR20100014503
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014503
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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