IN THE CASE OF:	  

		BOARD DATE:	    28 September 2010

		DOCKET NUMBER:  AR20100019891 


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 that his 7 May 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add his service in Korea and the Overseas Service Ribbon.

2.  The applicant states he served at Camp Stanley, Korea, from June 2001 to June 2002.

3.  The applicant provides a copy of his DD Form 214, two DA Forms 2166-8 (Noncommissioned Officer Evaluation Report), and permanent change of station orders.

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 record shows he enlisted in the Regular Army on 17 February 1994 and remained in the Army through a series of reenlistments until he was honorably discharged on 7 May 2003 to accept a commission as an officer.  The applicant was credited with 9 years, 2 months, and 21 days of active service at the time of his discharge.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  Army Commendation Medal (6th Award), Army Achievement Medal (2nd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Driver-M and Driver-W Bars.

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not credit him with any foreign service.

5.  Orders 054-742, dated 23 February 2001, reassigned the applicant from Fort Carson, Colorado, to Korea.  His report date was listed as no later than 20 June 2001.

6.  Orders 264-23, dated 21 September 2001, reassigned the applicant from Korea to Fort Hood, Texas.  His report date was listed as 20 August 2002.

7.  The applicant's Noncommissioned Officer Evaluation Reports for the period June 2001 to February 2002 and March 2002 to June 2002 list his unit, organization, and station as Company B, 602d Aviation Support Battalion, 2d Infantry Division, Korea.

8.  Information provided by the Defense Finance and Accounting Service (DFAS) verified the applicant received a cost of living allowance for Korea from 19 June 2001 through 17 June 2002.

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 requires the preparer to enter the total amount of foreign service completed during the period covered in item 12f from the Enlisted Record Brief.

10.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours.
11.  A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

12.  Permanent Orders 05-02, dated 5 January 2004, contained in the applicant's official military personnel file show he was awarded the Army Good Conduct Medal (3rd Award) for the period 17 February 2000 to 16 February 2003.

13.  Army Regulation 600-8-22 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.

DISCUSSION AND CONCLUSIONS:

1.  DFAS verified the applicant received a cost of living allowance for service in Korea from 19 June 2001 through 17 June 2002.  Therefore, he is entitled to correction of his records to show his foreign service in item 12f as follows:

	   2002  06  17  date of arrival Korea
	-  2001  06  19  date of departure
	=           11  28
	+                    1  day inclusive
	=            11  29

2.  The evidence shows the applicant successfully completed his overseas tour in Korea from 19 June 2001 to 17 June 2002.  Therefore, he is entitled to correction of his records to add the award of the Overseas Service Ribbon to item 13 of his DD Form 214.

3.  Permanent Orders 05-02 awarded the applicant the Army Good Conduct Medal (3rd Award) for the period 17 February 2000 to 16 February 2003.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant served during a qualifying period for award of the Korea Defense Service Medal.  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 adding to his 7 May 2003 DD Form 214 the following:

	a.  item 12f – 11 months and 29 days and

	b.  item 13 – Overseas Service Ribbon, Army Good Conduct Medal (3rd Award), and Korea Defense Service Medal.



      _______ _ 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)                                         AR20100019891



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ABCMR Record of Proceedings (cont)                                         AR20100019891



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