IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110010710
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 records to show his combat duty.
2. He states that while serving in the demilitarized zone (DMZ) in Korea with the Joint Security Force, he participated in 16 combat patrols. He states that due to the fact that the Korean War has not technically ended due to the cease fire and because he has documentation proving this combat duty, he feels he is justified in making this request.
3. He provides a Certificate of Achievement.
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. The applicant enlisted in the Regular Army on 19 March 1991. After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman) and assigned to duty in Korea.
3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to the United Nations Command Security Force, Joint Security Area (DMZ), Korea, from 2 August 1991 to 31 May 1992.
4. His record includes a Certificate of Achievement citing him for distinguishing himself in 16 combat patrols within the DMZ separating North and South Korea.
5. On 8 April 1994, he was honorably discharged for disability with severance pay. He completed 3 years and 20 days of active military service.
6. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him does not show an entry specifying combat duty. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Korea Defense Service Medal (KDSM).
7. 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. The regulation does not provide for a separate entry on the DD Form 214 to document combat duty. Currently, countries/areas to which a Soldier is deployed are entered, but not countries to which a Soldier was assigned on a permanent change of station basis.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service in Korea is well-documented in his record. While there is no entry on his DD Form 214 specifying combat duty, there was no regulatory requirement for such an entry at the time of his discharge. There is no evidence to show his assignment to Korea was a deployment and not a regular permanent change of station assignment. In the absence of evidence showing an omission or error in his record with regard to combat duty, he is not entitled to the relief he has requested.
2. The applicant is eligible for award of the Korea Defense Service Medal. Adding this award to his DD Form 214 will in effect verify his assignment to Korea.
3. The evidence shows the applicant's records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board determined an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by adding the KDSM to item 13 of 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) AR20110010710
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ABCMR Record of Proceedings (cont) AR20110010710
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