IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100024022 


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 award of the Korea Defense Service Medal (KDSM) and to show his time served in the Republic of Korea (ROK).

2.  The applicant states the KDSM is not shown on his DD Form 214.

3.  The applicant provides copies of his Army Commendation Medal Certificate, a 2nd Infantry Division Certificate of Achievement, and his assignment orders for duty in the ROK.

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.  On 18 August 1987, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 31C (Signaler Channel Radio Operator).

3.  On 18 December 1989, the applicant departed Fort Gordon, Georgia, for duty in the ROK.

4.  On 12 January 1990, the applicant was assigned to Company B, 122nd Signal Battalion, 2nd Infantry Division, located in the ROK.

5.  On 10 May 1991, the applicant departed the ROK for duty at Fort Wainwright, Alaska.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows his overseas service as:

	7 January 1990 to 6 January 1991 (ROK)
	27 May 1991 to 30 June 1992 (Alaska)
	2 years, 1 month, and 4 days (total time served overseas)

7.  On 30 June 1992, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He attained the rank of specialist/pay grade E-4 and completed 4 years, 10 months, and 13 days of creditable active duty service.

8.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows his total overseas service as 2 years, 1 month, and 4 days.

9.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Army Lapel Button
* Army Commendation Medal

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM.  The KDSM was authorized by section 543, National Defense Authorization Act, 2003.  It 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 and the period of eligibility are as follows:  (a) service members of the Armed Forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense, (b) the area of eligibility encompasses all land area of the Republic of South Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water areas, and (c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides 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.  At the time, there were no provisions for entering the place of foreign service on the DD Form 214.  Currently, only deployments are entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the KDSM and to show his time served in the ROK.

2.  The evidence of record clearly shows the applicant served a qualifying tour of duty in the ROK for award of the KDSM.  Therefore, this medal should be shown on his DD Form 214.

3.  The governing regulation does not provide for entries indicating specific overseas tours of duty.  However, it does provide an entry showing a Solder's total overseas service.  The applicant's DD Form 214 clearly shows he served a total of 2 years, 1 month, and 4 days of overseas service which is in agreement with his service record.  Therefore, that portion of the applicant's request to show his service in the ROK on his DD Form 214 should be denied.

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 adding the KDSM to his DD Form 214.

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 showing on his DD Form 214 his service in the ROK.



      ____________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)                                         AR20100024022



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ABCMR Record of Proceedings (cont)                                         AR20100024022



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