IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009207
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 from Active Duty) for the period ending 10 January 1986 to show the Korea Defense Service Medal (KDSM). In addition, he requests correction of his
DD Form 214 to show the period of service he served while in the Republic of Korea (ROK).
2. The applicant states that he served in the ROK for the period 6 June 1984 through 8 July 1985. He continues that a record of his service in the ROK was omitted from his DD Form 214.
3. The applicant provides his DD Form 214 and a DA Form 2-1 (Personnel Qualification Record - Part II).
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 had prior service in the U.S. Army Reserve (USAR) and the Regular Army (RA). He again enlisted in the RA on 11 January 1983. He successfully completed training and he was awarded military occupational specialty 13C (Tactical Fire Operations Specialist).
3. The applicant arrived in the ROK and he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 17th Field Artillery, 2nd Infantry Division on 11 July 1984. He departed the ROK on 8 July 1985.
4. On 10 January 1986, he was honorably discharged after completing 3 years of net active service during this period.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 10 January 1986 does not show award of the KDSM. Item 18 (Remarks) does not show service in Korea during the period 11 July 1984 through 8 July 1985. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in the ROK for the period 11 July 1984 through 8 July 1985.
6. 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.
7. 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. There was no provision in the regulation at that time that authorized the entry of a country and period of service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period of service for entitlement to the KDSM. Therefore, his DD form 214 should be corrected to show this award.
2. The applicant contends his service in the ROK for the period 6 June 1984 through 8 July 1985 should be added to his DD Form 214. Evidence of record shows he was assigned to HHC, 2nd Battalion, 17th Field Artillery, 2nd Infantry Division, ROK during the period in question. However, in accordance with Army Regulation 635-5, in effect at the time, there was no provision that allowed the entry of a country (ROK) and period of service on the DD Form 214. Therefore, there is no basis for granting this portion of his request.
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 adding to item 13 of his DD Form 214 for the period ending 10 January 1986 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 adding Korea and the period 6 June 1984 through 8 July 1985 on his DD Form 214.
___________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) AR20110009207
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ABCMR Record of Proceedings (cont) AR20110009207
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