IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120003271 


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 service in Korea and a medal for service in support of Operation Team Spirit.  

2.  He states he served as a member of Operation Team Spirit with the 25th Infantry Division in Korea.

3.  He provides his Leave and Earnings Statement for the period 1 to 30 April 1979.

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 1 March 1977. 
3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Oversea Service) he served in Hawaii from 11 July 1977 to 3 October 1980 
* item 9 (Awards, Decorations, and Campaigns) entry for award of the Army Service Ribbon
* item 35 (Record of Assignments) he was assigned to Company C, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division in Hawaii

4.  He was honorably released from active duty on 21 October 1982 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) on the following day.

5.  His DD Form 214 shows award of the Army Service Ribbon and shows he was credited with 3 years, 2 months, and 23 days of foreign service.  

6.  He provided his Leave and Earnings Statement covering the period 1 to 30 April 1979 which indicates he received overseas pay for his participation in support of Operation Team Spirit from 21 February to 21 March 1979 (28 days).  

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs:

   a.  the amount of foreign service performed during the period covered by the DD Form 214 be entered in item 12f (Foreign Service).  There was no provision for posting the country in which foreign service was performed on the DD Form 214.
   
	b.  for an active duty Soldier deployed 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 item 18 (Remarks).  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation:

	a.  does not authorize any awards for participation in Operation Team Spirit.  

	b.  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 area of eligibility   (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 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 or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  

9.  The Wikipedia website indicated Team Spirit was a joint military training exercise of United States Forces Korea and the Military of South Korea held between 1976 and 1993.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Leave and Earnings Statement for the period 1 to 30 April 1979 verifies he received overseas pay for his participation in support of Operation Team Spirit from 21 February to 21 March 1979.  This is a period of 28 days.  

2.  The evidence of record shows he served in Hawaii from 11 July 1977 to 3 October 1980.  This is a period of 3 years, 1 month, and 25 days, which is 28 days minus the time he served in Korea for Team Spirit.  

3.  Therefore, he served a total of 3 years, 2 months, and 23 days of foreign service including his service in Hawaii and in Korea which is properly recorded on his DD Form 214.

4.  Since Operation Team Spirit was an annual exercise and not a deployment, a statement indicating his service in Korea in support of Operation Team Spirit is not authorized to be recorded in item 18 of his DD Form 214.

5.  Although he requests his service in Korea 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.  However, a copy of these proceedings will be filed in his record along with his application and should serve to clarify his service in Korea.  

6.  He did not serve 30 consecutive days in Korea; therefore, he is not eligible for award of the Korea Defense Service Medal.  

7.  The Military Awards regulation does not authorize any awards for participation in support of Operation Team Spirit.  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X ___  ___X____  ___X  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      __________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)                                         AR20120003271





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ABCMR Record of Proceedings (cont)                                         AR20120003271



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