IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110008527
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. He states that he served in the ROK from 29 March 2003 to 18 March 2004. He offers that at the time of his separation, he could not produce his orders showing a permanent change of station from Korea to Fort Carson, CO. Therefore, his tour in the ROK was omitted.
3. He provides his DD Form 214 and Enlisted Record Brief.
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 applicants record shows he enlisted in the Regular Army on
21 November 2002. He served 4 years, 9 months, and 17 days on active duty and was discharged on 7 September 2007.
3. His DD Form 214 shows in:
* Item 12f (Foreign and/or Sea Service), he completed 10 months and 27 days of foreign service
* Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows:
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon (OSR)
* Combat Action Badge
* Item 18 (Remarks) shows he served in Iraq from 4 December 2005 to
30 October 2006 (a period of 10 months and 27 days)
4. The Defense Finance and Accounting Service (DFAS) verified that the applicant received cost of living allowance from 24 March 2003 through 18 March 2004 for service in Korea.
5. Army Regulation 600-8-22 (Military Awards) states that 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 ROK. 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) in effect at that time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized preparation of the DD Form 214. In pertinent part, it stated the DD Form 214 was a synopsis of the Soldiers most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation requires the preparer to enter in item 12f the total amount of foreign
service completed during the period covered in block 12c (Net Active Service This Period).
7. A review of the applicant's DD Form 214 indicates he is entitled to an additional award that is not shown on this form.
8. Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the OSR.
DISCUSSION AND CONCLUSIONS:
1. DFAS verified the applicant served in Korea from 24 March 2003 through
18 March 2004. Therefore, he served during a qualifying period of service in the ROK and is entitled to the KDSM and correction of his records to show this award.
2. His record shows he was credit with 10 months and 27 days of foreign service which is consistent with his deployment to Iraq. His service in the ROK equates to 11 months and 25 days of foreign service. Therefore, item 12f of his
DD Form 214 should be corrected to show 1 year, 10 months, and 22 days of foreign service.
3. His service in the ROK qualifies him for the second award of the OSR. Therefore, he is entitled to the OSR with Numeral 2 and correction of his records to show this award.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 12f of his DD Form 214 the entry "00 10 27" and replacing it with the entry "01 10 22;"
b. deleting from item 13 of his DD Form 214 the Overseas Service Ribbon; and
c. adding to item 13 of his DD Form 214 the Korea Defense Service Medal and the Overseas Service Ribbon with Numeral 2.
_______ _ 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) AR20110008527
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