IN THE CASE OF:	  

		BOARD DATE:	    5 February 2013

		DOCKET NUMBER:  AR20120011810 


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 combat service in Korea from December 1977 to December 1978
* any awards and decorations as a result of this service
* his military education courses

2.  The applicant states:

* he served in Korea from 16 December 1977 to 15 December 1978 and he received hazardous duty pay throughout the period
* he completed the Basic Noncommissioned Officer (NCO) Course for Combat Arms at the NCO Academy and the Infantry Mortar Platoon Course
* he would like to join the Veterans of Foreign Wars and the requested correction would enable him to do so

3.  The applicant provides:

* DD Form 214
* Basic NCO Course Diploma
* Infantry Mortar Platoon Course Diploma


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 2 February 1976 and held military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 16 December 1977 to 14 December 1978.  He was assigned to the 2nd Battalion, 72nd Armor, 2nd Infantry Division.

4.  He was honorably released from active duty on 1 April 1980.  His DD Form 214 shows he completed 4 years and 2 months of creditable active service.  This form also shows in:

* item 12f (Foreign Service) – he completed 11 months and 29 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the Expert Infantryman Badge, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Air Assault Badge, and Army Commendation Medal
* item 14 (Military Education) – the entry "NA"

5.  He submitted:

	a.  a diploma, dated 4 May 1979, which shows he completed the Basic NCO Course for Combat Arms (MOS 11C) conducted at the NCO Academy, Fort Carson, CO; and

	b.  a diploma, dated 27 July 1979, which shows he was the Distinguished Graduate at the Infantry Mortar Platoon Course conducted at Fort Benning, GA.

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 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 60 nonconsecutive days.

7.  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
* item 13 shows awards and decorations
* item 14 shows in-service training courses; title, number of weeks, and year successfully completed during this period of service; this information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from 16 December 1977 to 14 December 1978.  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.

2.  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.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  However, the applicant may use this Record of Proceedings and the Korea Defense Service Medal to confirm his foreign service in Korea.

4.  The applicant completed the Basic NCO Course for Combat Arms and the Infantry Mortar Platoon Course.  Although the Basic NCO Course for Combat Arms is specially designed for combat arms specialties, it is a basic leadership course and should be listed on his DD Form 214.  However, the Infantry Mortar Platoon Course is clearly a combat-skill course and should not be listed on his 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 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:

* adding the Korea Defense Service Medal to item 13 of his DD Form 214
* adding the Basic NCO Course for Combat Arms to item 14 of his DD Form 214

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 his foreign service was in Korea and/or adding the Infantry Mortar Platoon Course.



      ____________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)                                         AR20120011810



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ABCMR Record of Proceedings (cont)                                         AR20120011810



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