Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100022148
Original file (20100022148.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    10 March 2011

		DOCKET NUMBER:  AR20100022148 


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 (Report of Separation from Active Duty) to show:

* the Korea Defense Service Medal
* completion of the Prescribed Load List Course
* completion of the Unit Armorer Course

2.  The applicant states he successfully completed the requested training courses, but they were not entered on his DD Form 214.  Additionally, he served in Korea, but award of the Korea Defense Service Medal had not been approved at the time of his service.

3.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 87 (Certificate of Training) (Prescribed Load List Course #5-76)
* DA Form 87 (Unit Armorer Course #10-76)
* extract of Public Law 107-314, dated 2 December 2002

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 17 March 1975 and held military occupational specialty 11D (Armor Reconnaissance Specialist)).  He served in Korea from 13 August 1975 to 26 September 1976.

3.  He was honorably released from active duty on 16 March 1977 and he was transferred to the U.S. Army Reserve Control Group for completion of his remaining service obligation.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  He submitted:

	a.  a Certificate of Training that shows he successfully completed the Prescribed Load List Course #5-76 at Camp Casey, Korea, from 9 to 13 February 1976; and

	b.  a Certificate of Training that shows he successfully completed the Unit Armorer Course #10-76 at Camp Casey, Korea, from 22 to 26 March 1976.

6.  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.

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  Item 27 (Remarks) of the version in effect at the time is used for entries authorized by Headquarters, Department of the Army, for which a separate entry is not available and may include formal in-service training courses successfully completed during the period of service.  This information is to assist in employment placement and job counseling.  Training courses for combat skills are not entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 13 August 1975 to 26 September 1976.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show it.

2.  The applicant successfully completed the 1-week Prescribed Load List Course and the 1-week Unit Armorer Course in February and March 1976, respectively.  The version of the regulation in effect at the time authorized the entry of training courses in item 27 of the DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these courses.

BOARD VOTE:

__X_____  ___X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 item 26 of his DD Form 214 the Korea Defense Service Medal
* adding to item 27 of his  DD Form 214 the entries "Prescribed Load List Course, 1 week, 1976" and "Unit Armorer Course, 1 week, 1976"



      ___________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)                                         AR20100022148



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022148



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090010710

    Original file (20090010710.txt) Auto-classification: Approved

    The applicant requests that his final DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all his authorized awards and decorations, all his military education, and all his foreign service credit. Upon his discharge, he received a DD Form 214 (form publishing date of 1 July 1966) that shows the following: a. in item 23c (Foreign Service/or Sea Service) the entry "USAREUR" and "09 months and 22 days"; b. in item 24 (Decorations, Medals, Badges, Citations...

  • ARMY | BCMR | CY2006 | 20060015099

    Original file (20060015099.txt) Auto-classification: Approved

    The applicant requests that his records be corrected to show the Vietnam Service Medal, Senior Parachutist Badge, Soldier's Medal, military training, and correct overseas service time. The applicant requested correction of his records to show award of the Soldier's Medal. Changing the DD Form 214 with the period ending 1 January 1979 to show: a. in item 19 his Korean service dates are "19750102-750529"; b. in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign...

  • ARMY | BCMR | CY2014 | 20140016081

    Original file (20140016081.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show in: * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the “Korea Service Defense Medal” (properly known as the Korea Defense Service Medal) and Overseas Service Ribbon * Item 27 (Remarks) – the Primary Leadership Development Course (PLDC) 2. The DD Form 214 was a summary of a Soldier's most recent period of continuous active duty...

  • ARMY | BCMR | CY2010 | 20100025072

    Original file (20100025072.txt) Auto-classification: Denied

    The applicant requests correction of his 31 July 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry on active duty and total active service, all of his awards and military education, and entitlement to educational benefits. The applicant contends that his 31 July 1997 DD Form 214 should be corrected to show he entered active duty on 31 July 1975 [sic], he completed more than 22 years of total active service, all of his awards and...

  • ARMY | BCMR | CY2012 | 20120021737

    Original file (20120021737.txt) Auto-classification: Approved

    The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her awards and service in Germany. The DD Form 214 issued at that time shows: * 11 months and 11 days of overseas service in Korea * no authorized awards or decorations * no full time military education courses completed 4. The record does not indicate that a DD Form 215 was issued.

  • ARMY | BCMR | CY2008 | 20080009294

    Original file (20080009294.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his Certificate of Enlistment (USAREC Form 589) to show his correct middle initial; correction of his foreign service; and that several courses he completed be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The Army Board for Correction of Military Records does not correct non DA (Department of the Army)/DOD (Department of Defense) Forms. The evidence of record shows that the applicant completed BCT on 4...

  • ARMY | BCMR | CY2013 | 20130003405

    Original file (20130003405.txt) Auto-classification: Denied

    The applicant states: * he recently came across several Army Board for Correction of Military Records (ABCMR) decisions in which the Board awarded the CIB to Soldiers who served in military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist during the Vietnam War * he served in Troop B, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile), in the Republic of Vietnam, from September 1966 to September 1967 * the CIB was awarded throughout the squadron to Soldiers...

  • ARMY | BCMR | CY2005 | 20050015508C070206

    Original file (20050015508C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that the Southwest Asia Service Medal, the Kuwait Liberation Medal, the Korea Defense Service Medal, and the Expert Tank Weapons Qualification Badge, the Combat Lifesavers Course, and the M8A1 Chemical Alarm Certification be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. The evidence shows that the applicant is also entitled to award of the Kuwait Liberation Medal, awarded by the Government of Kuwait, for his service in...

  • ARMY | BCMR | CY2012 | 20120010406

    Original file (20120010406.txt) Auto-classification: Approved

    His DD Form 214 shows in: * Item 11 - 38B1P Civil Affairs Specialist, 6 years and 0 months * Item 12f - 5 months and 5 days of foreign service * Item 13 - the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star * NCO Professional Development Ribbon * Army Service Ribbon * Armed Forces Reserve Medal With "M" Device * Combat Action Badge *...

  • ARMY | BCMR | CY2012 | 20120017057

    Original file (20120017057.txt) Auto-classification: Approved

    d. Correct item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Defense Meritorious Service Medal and to list his awards by order of precedence as follows: * Legion of Merit * Bronze Star Medal * Defense Meritorious Service Medal * Meritorious Service Medal (1st Oak Leaf Cluster) * National Defense Service Medal * Vietnam Service Medal with 1 silver service star and 1 bronze service star * Republic of Vietnam Campaign Medal with Device...