BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100023808 


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 foreign service in Korea and to show award of the Korea Defense Service Medal.

2.  The applicant states he is just trying to become eligible for a medal that was never issued (to him).

3.  The applicant provides four orders, two DA Forms 137 (Installation Clearance Record), and a Primary Leadership Development Course certificate.

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 enlisted in the Regular Army on 11 April 1985 and he held military occupational specialty 63S (Heavy Wheel Vehicle Mechanic).  He served in Korea from 24 January 1988 to 18 January 1989 while assigned to the 60th Transportation Company, 69th Transportation Battalion.

3.  He was honorably released from active duty on 28 September 1990 by reason of expiration of term of service (ETS) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service show the:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver "W" Bar
* Noncommissioned Officers (NCO) Professional Development Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Army Achievement Medal

5.  On 31 January 1991, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  He was honorably released from active duty on 23 April 1991 by reason of ETS and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

6.  Item 13 of the DD Form 214 he was issued for this period of service shows the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge (Operator)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* 

7.  His records contain a DD Form 215 (Correction to DD Form 214), dated 9 December 1991, which corrected item 18 (Remarks) of his DD Form 214 for the period ending 23 April 1991, as follows:

* Item 7b (Home of Record) "1xxx Transit Street, Bay City, MI 48706"
* Item 8a (Last Duty Assignment and Major Command) "21st Replacement Company, FORSCOM FC"
* Item 8b (Station Where Separated) "Fort Hood, TX 76544-5056"
* Item 11 (Primary Specialty) "63S20 Heavy Wheeled Vehicle Mechanic - 00 Years 03 Months"
* Item 12e (Total Prior Inactive Service) "00 04 02"
* Item 12h (Effective Date of Pay Grade) "89 06 23"

8.  Item 13 of this DD Form 214 was also corrected to show the:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver "W" Bar
* NCO Professional Development Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Army Achievement Medal
* National Defense Service Medal
* Southwest Asia Service Medal with one bronze service star

9.  Item 18 of this DD Form 214 was also corrected to read "Item 12d above does not account for active duty for training this Soldier may have prior to date entered in item 12a//Ordered to active duty in support of Operation Desert Shield/Desert Storm IAW 10 USC 673//Served in Southwest Asia from 910213 - 910415//Individual completed period for which ordered to active duty for purpose of post-service benefits and entitlements//Subject to active duty recall and/or annual screening."

10.  A second DD Form 215, dated 10 March 1992, further corrected item 13 of this DD Form 214 to delete the Southwest Asia Service Medal with one bronze service star and to add the Kuwait Liberation Medal and the Southwest Asia Service Medal with two bronze service stars.



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

	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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Kuwait Liberation Medal (Saudi Arabia) awarded by the Kingdome of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal (Kuwait) awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

12.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that for Soldiers deployed with his or her unit during their continuous period of active service enter in item 18 the entry "Service in (Name of Country Deployed) From (inclusive dates for example YYYYMMDD-YYYYMMDD)."

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and DD Form 215.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Once a DD Form 214 has been issued, do not reissue, except when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea during a qualifying period of service for award of the Korea Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.



2.  He served in Southwest Asia during a qualifying period of service for award of the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to correction of his records to show these awards.

3.  He was assigned to Korea for 1 year from January 1988 - January 1989.  As he was stationed Korea and it was not a deployment, the service in Korea would not be shown in item 18 of his DD Form 214.  Therefore, he is not entitled to correction of item 18 of his DD Form 214 to show his tour of duty in Korea.

4.  His DD Form 214 for the period ending 23 April 1991 has already been corrected by two DD Forms 215 and additional corrections are required.  Therefore, the previously-issued DD Form 214 and two DD Forms 215 should be voided and a new DD Form 214 for the period ending 23 April 1991 should be issued to show all corrections.

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:

	a.  voiding his DD Form 214 for the period ending 23 April 1991, and DD Forms 215, dated 9 December 1991 and 10 March 1992; and

	b.  issuing him a new DD Form 214 with the following corrections:

* Item 7b "1xxx Transit Street, Bay City, MI  48706"
* Item 8a "21st Replacement Company, FORSCOM FC"
* Item 8b "Fort Hood, TX 76544-5056"
* Item 11 "63S20 Heavy Wheeled Vehicle Mechanic - 00 Years 03 Months"
* 

* Item 12e "00 04 02"
* Item 12h "89 06 23"
* Item 13 show the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16)
* Driver and Mechanic Badge with Driver "W" Bar

* Item 18, list the following remarks:

* "Item 12d above does not account for active duty for training this Soldier may have prior to date entered in item 12a"
* "Ordered to active duty in support of Operation Desert Shield/Desert Storm IAW 10 USC 673"
* "Served in Southwest Asia from 910213 - 910415"
* "Individual completed period for which ordered to active duty for purpose of post-service benefits and entitlements"
* "Subject to active duty recall and/or annual screening"

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 his tour of duty in Korea in item 18 of 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)                                         AR20100023808





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ABCMR Record of Proceedings (cont)                                         AR20100023808



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