IN THE CASE OF
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019119
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 award of the Korea Defense Service Medal and correction of his DD Form 214 (Certificate of Discharge or Release from Active Duty) to show the Army Commendation Medal (3rd Award), Army Good Conduct Medal, and the Korea Defense Service Medal. He also requests his secondary military occupational specialty (SMOS) be added to his DD Form 214.
2. The applicant states the items were not listed due to clerical error. He received a hardship discharge and had other things on his mind.
3. The applicant provides:
* Army Good Conduct Medal orders
* orders for three Army Commendation Medals
* 15 June 1990 DD Form 214
* 11 April 1995 DD Form 214
* 3 March 2000 DD Form 214
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. Following active and inactive service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 21 June 1999. His military occupational specialty (MOS) was 71L (Administrative Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 5 (Oversea Service) he served in Korea from 21 July 1999 through
20 July 2000,
b. item 6 (Military Occupational Specialties) is blank; and
c. item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, Army Commendation Medal (2nd Award); National Defense Service Medal; and the Expert Marksmanship Qualification Badge with Rifle Bar.
4. He was honorably discharged on 3 March 2000 as a specialist four/E-4. He had 8 months and 13 days of net active service for the period covered by the DD Form 214. His DD Form 214 shows in:
a. item 11 71L1O Administrative Specialist 00 years 08 months,
b. item 12f (Foreign Service ) "0000 07 13" (indicating 0 years, 7 months, and 13 days of foreign service); and
c. item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
5. His 16 June 1990 DD Form 214 shows in item 11 (Primary Specialty) that he held MOS 31K1O Combat Signaler. This DD Form 214 is for a period of 4 months and 15 days.
6. 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.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It states for:
a. item 11 to enter the titles of all MOS served for at least 1 year and
b. item 13 to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided orders for the first award of the Army Good Conduct Medal and three Army Commendation Medals.
2. He served during a qualifying period for entitlement to the Korea Defense Service Medal.
3. Therefore, his 3 March 2000 DD Form 214 should be corrected to show these awards.
4. His 15 June 1990 DD Form 214 shows that his primary MOS was 31K for a period of 4 months and 15 days. The governing regulation allows the listing of any MOS held for at least 1 year. There is no evidence he served in MOS 31K for at least 1 year. It should not be listed on his 3 March 2000 DD Form 214.
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 3 March 2000 DD Form 214 the:
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* 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 listing his SMOS 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) AR20110006177
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110019119
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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