BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110006174
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in the Republic of Korea, Kuwait, and Honduras.
2. The applicant states that his DD Form 214 does not reflect all his foreign service. He states he served with the 9th Infantry Division in Honduras from 2 April 1990 to 30 September 1990; in Kuwait from 15 October 1990 to 1 March 1991; and in the Republic of Korea from 1 April 1991 to 1 April 1992.
3. The applicant did not provide supporting documents with his application.
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. The applicant enlisted in the Regular Army on 22 August 1989. He completed his initial entry training and was qualified in military occupational specialty 68B (Aircraft Power Plant Repairer).
3. Item 5 (Overseas Services) of his DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea from 23 May 1991 to 22 May 1992 for a 12 month period.
4. On 21 August 1995, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. He was issued a DD Form 214 that shows he completed 6 years of active Federal service. Item 12f (Record of Service - Foreign Service) does not show any foreign service credit and item 18 (Remarks) is devoid of any deployment history.
5. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base containing one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.
6. The DMDC Desert Shield/Storm Data Base is devoid of information showing he deployed overseas to a foreign service theater of operations.
7. Army Regulation 635-5 (Separation Document) prescribes the separation documents prepared for individuals upon their retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f. In item 18 for active duty, Soldiers deployed to a foreign country with their unit during their continuous period of active service will show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
8. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he served a foreign service tour in the Republic of Korea for a 1-year period. Therefore, he is entitled to a correction of his record to show in item 12f of his DD Form 214 the entry "0001 00 00" in year(s), month(s) and day(s) format. As he was not deployed to the Republic of Korea, there is no provision to enter the location of his foreign service tour on his DD Form 214 in item 18.
2. Based on the applicant's service in Korea, he is entitled to award of the Korea Defense Service Medal and correction to his record to show this award.
3. The DMDC Desert Shield/Storm Data Base does not show the applicant deployed to Southwest Asia and his record is devoid of any deployment history showing he served in Honduras. As there is no official record of this service and he did not provide documentation to support his request, there is insufficient evidence with which to grant his request to show service in Southwest Asia and Honduras.
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 showing this entry in item 12f "0001 00 00" and adding the Korea Defense Service Medal.
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 showing foreign service credit for Kuwait or Honduras.
_______ 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.
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