BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120019212 


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, in effect:

	a.  item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 
6 May 1979; and 

	b.  award of the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect: 

* his current DD Form 214 shows an incorrect entry date of 1982 when he actually enlisted on 6 May 1979 thus decreasing his service time by three years
* he served a total of 6 years, 3 months, and 19 days
* the error was not discovered until he attempted to buy his military service time back for retirement purposes
* he never received any medals for his service in Korea

3.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 1059 (Service School Academic Evaluation Report)
* Army Achievement Medal (AAM) orders
* Honorable Discharge Certificates, dated 14 March 1982 and 22 August 1985 

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 enlistment contract shows he enlisted in the Regular Army (RA) on 7 May 1979 for a period of 3 years.  He completed his training and was awarded military occupational specialty (MOS) 11H (tow gunner) and later MOS 11B (infantryman).  On 14 March 1982, he was honorably discharged for immediate reenlistment.  He reenlisted in the RA on 15 March 1982 for a period of 6 years.  On 22 August 1985, he was honorably discharged by reason of physical disability (severance pay).

3.  His DD Form 214 shows in:

* Item 12a - he entered active duty on 15 March 1982
* Item 12b (Separation Date This Period) - he was separated on 22 August 1985
* Item 12c (Net Active Service This Period) - he completed 3 years, 
      5 months, and 8 days 
* Item 12d (Total Prior Active Service) - he had 2 years, 10 months, and 
      9 days

4.  His DD Form 214 shows the:

* Army Service Ribbon
* Army Good Conduct Medal (2nd Award)
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar 
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Marksmanship Qualification Badge with Tow Gunner Bar
	
5.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Korea from 26 August 1981 through 25 August 1982.

6.  He provided orders, dated 24 July 1982, which show he received the AAM for commendable service in Korea during the period 25 August 1981 to 24 August 1982. 

7.  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

8.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he enlisted in May 1979 was carefully considered and appears to have merit.

2.  His enlistment contract shows he enlisted on 7 May 1979.  He was honorably discharged on 14 March 1982 for immediate reenlistment.  He reenlisted on 
15 March 1982 and he was discharged on 22 August 1985 after completing 
6 years, 3 months, and 16 days of active service.   

3.  Since the governing regulation states that the beginning date of the enlistment period for which a DD Form 214 was not issued would be entered in item 12a, it would appropriate to correct item 12a of his DD Form 214 to show he entered active duty this period on 7 May 1979.  As a result of this correction, item 12c should be corrected to show he completed 6 years, 3 months, and 16 days of net active service this period and item 12d should be corrected to show no prior active service.



4.  The entry on his DA Form 2-1 that shows he served in Korea from 26 August 1981 until he separated is accepted as sufficient evidence on which to base award of the KDSM.  His DD Form 214 should be corrected to show this medal.

5.  Orders show he received the AAM.  His DD Form 214 should be corrected to show this medal.

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.  deleting from item 12a of his DD Form 214 the entry "82  03  15" and replacing it with the entry "79  05  07";

	b.  deleting from item 12c of this DD Form 214 the entry "03  05  08" and replacing it with the entry "06  03  16"; 

	c.  deleting from item 12d of this DD Form 214 the entry "02  10  09" and replacing it with the entry "00  00  00"; and 

	d.  adding the KDSM and AAM to his 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)                                         AR20120019212





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ABCMR Record of Proceedings (cont)                                         AR20120019212



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