BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110014149 


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 reflect his award of the Army Commendation Medal (ARCOM) and his service in Korea.

2.  The applicant states he served in Korea from September 1992 to September 1993 and he received the ARCOM for that service.  However, neither is reflected on his DD Form 214.  He states he accepted employment with the Air Force and he needs his service in Korea documented to qualify for additional leave.

3.  The applicant provides copies of his ARCOM orders, ARCOM Certificate, and orders transferring him to Korea.

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 29 January 1991 for a period of 4 years and training as a fuel and electrical systems repairer.  He completed basic training at Fort Dix, New Jersey, and advanced individual training at Aberdeen Proving Ground, Maryland, before being transferred to Fort Carson, Colorado, on 12 July 1991.

3.  On 16 September 1992 he was transferred to Korea for assignment to the 702d Maintenance Support Battalion, 2d Infantry Division.  He was advanced to pay grade E-4 on 1 December 1992.

4.  On 17 August 1993, he was awarded the ARCOM for meritorious service during the period 17 September 1992 to 15 September 1993 in Permanent Orders Number 88-21 issued by the Division Support Command.

5.  He departed Korea on 15 September 1993 for assignment to Fort Carson where he remained until he was honorably released from active duty (REFRAD) on 28 January 1995 due to completion of required service.  He completed 4 years of active service.

6.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification with Grenade Bar
* Marksman Marksmanship Qualification with Rifle Bar
* Driver and Mechanic Badge with Mechanic Bar

7.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon (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.  A complete tour in Korea is 12 months.

8.  Army Regulation 600-8-22 states the Korea Defense Service Medal (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) serves as the authority for the preparation of the DD Form 214.  The regulation provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in Korea is not reflected on his DD Form 214 has been noted and appears to lack merit.  Annotations in the remarks section of the DD Form 214 regarding service in another country apply only to Soldiers who are deployed in support of contingency operations.  The applicant was assigned to Korea as a normal permanent change of station.  Accordingly, no entry was authorized to denote service in Korea.

2.  However, the applicant's contention that his award of the ARCOM should be added to his DD Form 214 has been noted and was found to have merit.  He was awarded the ARCOM for his service in Korea and is entitled to have that award added to his DD Form 214 at this time.

3.  Additionally, the applicant served during a qualifying period for awards of the OSR and the KDSM.  Accordingly, they should be added to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  __x_____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the ARCOM, OSR, and KDSM to his DD Form 214.

2.  The Board further determined 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 reflecting his service in Korea on his DD Form 214.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20110014149



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ABCMR Record of Proceedings (cont)                                         AR20110014149



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