IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110020167
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 he served in Korea.
2. The applicant states his Korean service does not appear on his DD Form 214. Upon applying for membership in the local Veterans of Foreign Wars, he was unable to prove his Korean service.
3. The applicant provides his 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. The applicant's records show he enlisted in the Regular Army on 4 September 1980 and held military occupational specialty 05B (Radio Operator).
3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 24 May 1982 to 6 September 1983.
4. He was honorably released from active duty on 31 August 1984. His DD Form 214 shows he completed 3 years, 11 months, and 27 days of creditable active service. This form also shows in:
* Item 12f (Foreign Service), he completed 1 year, 3 month, and 13 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Overseas Service Ribbon, Good Conduct Medal, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Item 12f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.
6. A review of his records indicates his entitlement to an additional award in recognition of his Korean service which is not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Korea from 24 May 1982 to 6 September 1983. This period of foreign service is captured in item 12f of his DD Form 214. There is no provision in the regulation to list the specific country of foreign service in item 12f. Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. Nevertheless, the applicant may use this Record of Proceedings and the Korea Defense Service Medal to confirm his foreign service in Korea.
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 amending his DD Form 214 by adding the Korea Defense Service Medal.
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 correcting his DD Form 214 to include a specific entry showing that his foreign service was served in Korea.
_______ _ __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) AR20110020167
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ABCMR Record of Proceedings (cont) AR20110020167
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