IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120009343
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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Korea.
2. The applicant states her foreign service was not included on her DD Form 214 when she was discharged from active duty. She believes the omission was an oversight.
3. The applicant provides no additional evidence.
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 was appointed as a Reserve commissioned officer on
18 September 1984 and entered active duty on 11 August 1986.
3. Her record contains a DA Form 67-8 (U.S. Army Officer Evaluation Report (OER)) which shows she was assigned to the 55th Military Police Company, Korea, and rated for the period of 5 May 1988 through 4 May 1989. This report further shows she had nonrated time from 5 May 1988 through 26 June 1988, due to her attendance at various military schools and travel related to her reassignment to Korea.
4. Her record contains an Officer Record Brief (ORB) which shows she was assigned to Korea from 28 June 1988 to 22 June 1989.
5. She was honorably discharged from active duty on 31 January 1997. Her DD Form 214 shows she completed 10 years, 5 months, and 20 days of net active service. None of this time was listed in item 12f (Foreign Service) of her DD Form 214. This form also shows she received the Overseas Service Ribbon.
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 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 establishes standardized policy for the preparation of the DD Form 214. It states that for item 12f; enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's ORB and OER confirm she served in Korea from 28 June 1988 to 22 June 1989 for a total of 11 months and 26 days; therefore, she is entitled to correction of her DD Form 214 to show this foreign service.
2. She served in Korea for a period of time qualifying for the Korea Defense Service Medal; therefore, she is entitled to correction of her DD Form 214 to add this award.
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:
* Adding to her DD Form 214, in item 12f, the entry "00 11 26"
* Adding the Korea Defense Service Medal 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.
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