BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100030226
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 the Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests, in effect, that a duty assignment in Korea be shown on his DD Form 214.
2. The applicant states:
* he wants his DD Form 214 corrected to show he served in Korea
* he served in Korea in 1985/1986 and is entitled to the KDSM
3. The applicant provides:
* permanent change of station orders
* letter from the National Personnel Records Center, St. Louis, MO, dated 1 December 2010
* DD Form 214
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. He enlisted in the Regular Army on 29 August 1984. He completed his training and was awarded military occupational specialty 82C (field artillery surveyor). On 31 May 1988, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the KDSM as an authorized award. Item 12f (Foreign Service) of his DD Form 214 shows he served 11 months and 25 days of foreign service.
4. Item 35 (Record of Assignments) of his DA Form 2-1 shows he was assigned to Headquarters and Headquarters Detachment, 6th Battalion, 37th Field Artillery, 2nd Infantry Division, in Korea from 23 February 1985 to 14 February 1986.
5. Army Regulation 600-8-22 (Military Awards) states the KDSM 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.
6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
7. Army Regulation 635-5 also states that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting his request to show his 1985/1986 duty assignment in Korea on his DD Form 214. His service in Korea is properly reflected in item 12f of his DD Form 214 and on his DA Form 2-1.
2. He served a period of qualifying service for award of the KDSM. His DD Form 214 should be corrected to show this medal.
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 item 13 of 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 amending his DD Form 214 to show a duty assignment in Korea.
__________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) AR20100030226
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ABCMR Record of Proceedings (cont) AR20100030226
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