IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005837
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 item 14 (Military Education) of his DD Form 214 be amended to show he completed the Military Customs Inspector (MCI) Course, Law Enforcement Command Certification Course, and Radar Operation Course.
2. The applicant states:
* His records should reflect all awards issued
* All of his military education should be reflected
3. The applicant provides:
* Letter, dated 9 March 2011, from the National Personnel Records Center
* Three certificates of training
* DA Form 2-1 (Personnel Qualification Record)
* 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 applicants 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 applicants 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 4 August 1993. He completed his training and was awarded military occupational specialty 95B (military police). On
3 August 1998, 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 1 year of foreign service. Item 14 of his DD Form 214 shows he completed the 11-week Military Police Course in December 1993.
4. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Korea from 13 December 1993 through 12 December 1994.
5. He provided an undated certificate of training which shows he completed the MCI Course.
6. A certificate of training shows he completed the 40-hour Law Enforcement Command Certification Course on 27 January 1995.
7. A certificate of training shows he completed the 16-hour Radar Operation Course on 25 January 1995.
8. 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.
9. 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. It states item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. He served a period of qualifying service for award of the KDSM. His DD Form 214 should be corrected to show this medal.
2. Since the duration of the MCI Course is unknown, there is an insufficient basis for granting the applicant's request to show this training course at this time.
3. Evidence shows he completed the 40-hour Law Enforcement Command Certification Course on 27 January 1995. His DD Form 214 should be corrected accordingly.
4. Evidence of record shows the applicant completed the 16-hour Radar Operation Course in January 1995. However, the governing regulation states training courses successfully completed during the period of service covered by title, length in weeks (i.e., at least 40 hours), and year completed would be listed in item 14 on the DD Form 214. Therefore, there is no basis for granting the applicants request to show this training on his DD Form 214.
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. adding the KDSM in item 13 on this DD Form 214; and
b. adding the entry "Law Enforcement Command Certification Course, 1 week, 1995" in item 14 on this DD Form 214.
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 amending item 14 of his DD Form 214 to show he completed the MCI Course or Radar Operation Course.
_______ _ __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) AR20110005837
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005837
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004511
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal. Therefore, the memorandum provided by the applicant which shows he was awarded the Armed Forces Expeditionary Medal for participation in Operation Uphold Democracy is accepted as sufficient evidence on which to amend his DD Form 214 to show the Armed Forces Expeditionary Medal. As a result, the Board recommends that all...
ARMY | BCMR | CY2007 | 20070016112
Item 13 of his DD Form 214 for the period ending on 25 December 2005 shows all his authorized awards except the KDSM and OSR (2d Award). Item 14 of the applicant's DD Form 214 for the period ending 31 May 1997 shows the applicant already received credit for all his military training for that period; therefore it is correctly recorded. Therefore, Item 12f of the DD Form 214 is correctly recorded.
ARMY | BCMR | CY2013 | 20130020714
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Joint Service Achievement Medal (JSAM) (2nd Award) * Armed Forces Expeditionary Medal (AFEM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * United Nations Medal (UNM) * Korea Defense Service Medal (KDSM) * Military education in rappelling and...
ARMY | BCMR | CY2014 | 20140007828
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Air Assault Badge * Combat Lifesaver Course * Korean Language Course * Southwest Asia Service Medal (SWASM) * Persian Gulf War participation * Combat Infantryman Badge (CIB) or Combat Action Badge (CAB) * Name change from "K_____ L______ H____" to "J____ A__" 2. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative...
ARMY | BCMR | CY2008 | 20080005504
The applicant states, in effect, his DD Form 214 should reflect he completed the Headstart to German in 1988, the Submarine Escape and Dive Training in 1992, and the Aircraft Electrician training in 1989. Based on the evidence of record the applicant is entitled to correction of his DD Form 214, Item 14, to show the completion of the Headstart to German, 40 hours, (September 1988). As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100017854
IN THE CASE OF: BOARD DATE: 3 March 2011 DOCKET NUMBER: AR20100017854 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show: * Completion of the United States Marine Corps Surveillance and Target Acquisition Course, a period of 8 weeks on 12 May 1987 * Completion of the United States Army Sniper School, a period of 3 weeks on 25 March 1988 and award of the Additional Skill...
ARMY | BCMR | CY2015 | 20150000147
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. Though the applicant's records do not contain and he does not provide a copy of orders awarding him the AAM, he provides a copy of an AAM Certificate, dated 24 September 1985, and his records contain a DA Form 2446, dated 24 September 1985,...
ARMY | BCMR | CY2014 | 20140015425
The applicant provides copies of his DD Form 214, certificates of training for his basic training and advanced individual training; certificates of achievement; orders transferring him to attend basic airborne training and assigning him to Fort Hood, Texas; discharge orders from the United States Army Reserve (USAR); a DA Form 4187 (Personnel Action) advancing him to pay grade of E-4; and part of his enlistment contract. He had served 2 years, 7 months and 8 days of active service and his...
ARMY | BCMR | CY2005 | 20050015508C070206
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 | CY2010 | 20100018188
The applicant requests retroactive award of the Korea Defense Service Medal (KDSM), and the Basic, Senior, and Master Aviation Badges. 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 have served on active duty in support of the defense of the Republic of Korea. Evidence of record shows he served for a qualified period of service for award of the Basic, Senior, and Master Aviation Badges.