IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110015447 


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 his overseas tour in Korea and award of the Korea Defense Service Medal and the Army Commendation Medal.  

2.  He states his DD Form 214 doesn’t show his overseas tour in Korea and it is also missing the Korea Defense Service Medal and Army Commendation Medal.  

3.  He provides no additional documents.  

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.  After completion of prior service in the U.S. Air Force Reserve, the applicant enlisted in the Regular Army on 22 May 1979.  
3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* in item 5 (Oversea Service), he served in Korea from 1 February 1981 through 11 February 1982
* in item 9 (Awards, Decorations, and Campaigns), no award of the Korea Defense Service Medal or Army Commendation Medal

4.  His service record does not contain a recommendation or orders for award of the Army Commendation Medal.

5.  He was medically discharged on 17 August 1983.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows award of the:

* Army Service Ribbon
* Overseas Service Ribbon
* Noncommissioned Officers Professional Development Ribbon
* Parachutist Badge
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Item 12f (Foreign Service) of his DD Form 214 shows he was credited with 1 year and 1 day of foreign service during this period.

7.  He subsequently served in the Army National Guard from 20 November 1987 to 15 December 1991 and in the U.S. Army Reserve from 16 December 1991 to 24 August 1993.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs the amount of foreign service performed during the period covered by the DD Form 214 be entered in item 12f.  There was no provision for posting the country in which foreign service was performed on the DD Form 214.

9.  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.

10.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from 1 February 1981 through 11 February 1982.  Based on his service in Korea, he is entitled to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

2.  Although he requests his Korean service be shown on his DD Form 214 by name, there was no provision at the time to identify a Soldier's foreign service location by name.  Therefore, there is no basis for granting this portion of the applicant's request.

3.  Nevertheless, although Army regulation in effect at the time did not provide for recording the country in which foreign service was performed on the DD Form 214, the award of the Korea Defense Service Medal will serve as sufficient evidence to show he served in Korea.



4.  His service record does not contain orders for award of the Army Commendation Medal.  Absent orders authorizing him award of the Army Commendation Medal, there is insufficient evidence on which to base correction of his records to show this award.

5.  If the applicant in fact was never awarded the Army Commendation Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 the Korea Defense Service Medal to item 13 of his DD Form 214.  

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 award of the Army Commendation Medal and his overseas tour in Korea 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)                                         AR20110015447



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ABCMR Record of Proceedings (cont)                                         AR20110015447



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