IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120006294 


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 foreign service and the Korea Defense Service Medal (KDSM).

2.  The applicant states his DD Form 214 does not show foreign service.  He served three tours in Korea and that he also served in Bosnia.

3.  The applicant provides numerous military service records.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not provide additional evidence or argument. 

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 10 May 1994 and he was awarded military occupational specialty 19D (Cavalry Scout) upon completion of initial entry training.  

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he completed two tours in Korea and that he also served in Bosnia in a temporary duty (TDY) status.  Item 5 shows his overseas service as follows:

* Korea:  25 August 1994 to 1 September 1995 (1 year and 8 days)
* Korea:  29 May 1997 to 27 June 1998 (1 year and 29 days)
* Bosnia:  1 September 1999 to 24 March 2000 (6 months and 23 days)

4.  Section G (Assignment History) of his Enlisted Record Brief shows he also served in Korea from 11 October 2001 to 11 September 2002 (11 months).

5.  A DA Form 638 (Recommendation for Award) shows he was awarded the Army Achievement Medal (AAM) with 4th oak leaf cluster (5th award) by Permanent Orders Number 210-01, dated 29 July 2002, issued by the 4th Squadron, 7th Calvary Regiment.  

6.  A DA Form 1059 (Service School Academic Evaluation Report), dated 18 May 2000, shows he successfully completed the Primary Leadership Development Course (PLDC) (now known as the Warrior Leader Course (WLC)) during the period 18 April - 18 May 2000 (4 weeks).

7.  He was discharged from active duty on 25 April 2003.  His DD Form 214 shows in:

	a.  Block 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service

	b.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal

	c.  Block 14 (Military Education) no entry for completing PLDC

	d.  Block 18 (Remarks) no entry for any deployments 

8.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  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.

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

	c.  The Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR) is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. It provides that completion of the WLC qualifies for award of the basic ribbon.

	d.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for the preparation of the DD Form 214 and states for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22;

	c.  in block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214, to include title, length in weeks, and year completed; this information is to assist the Soldier in job placement and counseling; and

	d.  block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record confirms the applicant's contention that he served three tours in Korea and that he also served in Bosnia.  

2.  Based on his overseas tours in Korea, he is authorized the KDSM.  Additionally, he is also authorized a Numeral 3 device to be affixed to his Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show the KDSM and the Overseas Service Ribbon with Numeral 3.

3.  A DA Form 638 shows he was awarded the 5th award of the AAM; however, only one award of the AAM was recorded on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show the 5th award of the AAM.

4.  He served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.  

5.  Based on completion of PLDC, he was authorized the basic NPDR.  Therefore, his DD Form 214 should be corrected to show this award and to document his attendance and completion of this course in block 14.

6.  Based on his overseas service in Korea and in Bosnia, totaling three years and seven months, blocks 12f and 18 should be corrected accordingly.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to block 12f of his DD Form 214 the entry "0003  07  0000;"

	b.  deleting from block 13 of his DD Form 214 the Army Achievement Medal and the Overseas Service Ribbon;

	c.  adding to block 13 of his DD Form 214 the:

* Army Achievement Medal (5th award)
* Korea Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon with Numeral 3

	d.  adding to block 14 of his DD Form 214 the entry "Primary Leadership Development Course, 4 weeks, 2000”; and 

	e.  adding to block 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 19990901 - 20000324."



      _______ _   __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)                                         AR20120006294



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ABCMR Record of Proceedings (cont)                                         AR20120006294



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