IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120002890
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add her service in Korea, the Korea Defense Service Medal (KDSM), and any other awards to which she may be entitled.
2. The applicant states she was separated from active duty before the KDSM was authorized.
3. The applicant provides her DD Form 214 and an excerpt on the KDSM.
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 applicants 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 applicants 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 20 February 1996 and held the military occupational specialty 73C (Finance Specialist).
3. Her DA Form 2-1 (Personnel Qualification Record) shows she was assigned to Korea from 5 August 1996 to 31 July 1997.
4. She was honorably released from active duty on 4 January 1999. Her
DD Form 214 shows she completed 2 years, 10 months, and 15 days of net active service, 11 months and 26 days of which were credited as foreign service. The KDSM is not listed on her DD Form 214.
5. 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 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.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, 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. It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the item 18 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant was assigned to Korea during a period and length of time qualifying her for award of the KDSM; therefore her DD Form 214 should be updated to reflect this award.
2. While there are provisions for entering foreign service for Soldiers deployed to a foreign country with his or her unit during their continuous period of active service, there are no provisions for entering overseas service on the DD Form 214 for those assigned to a permanent duty location. Therefore she is not entitled to have her service in Korea added to item 18 of her 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 the KDSM to her 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 adding her service in Korea to her 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) AR20120002890
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ABCMR Record of Proceedings (cont) AR20120002890
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