BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130007326
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 all his awards and decorations.
2. The applicant states he is an active member of the Veterans of Foreign Wars and he wants to run for office. He wants to make sure his DD Form 214 is updated.
3. The applicant provides his DD Form 214.
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's records show he enlisted in the Regular Army on 23 December 1977 and held military occupational specialty 63B (Power Generation/Wheel Vehicle Mechanic).
3. He served in Korea from on or about 28 November 1979 to on or about
16 May 1980, a period of 5 months and 18 days.
4. He was honorably released from active duty on 8 August 1980 by reason of parenthood. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
5. His DD Form 214 shows he completed 2 year, 7 months, and 16 days of active service. This form also shows in:
* Item 12f (Foreign Service) - 5 months and 18 days of foreign service
* Item 13 (Decorations Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Good Conduct Medal, Mechanic Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar
6. 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 their retirement, discharge, or release from active duty. Item 12f lists the total foreign service completed outside the continental United States during the period covered by the DD Form 214.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Korea from on or about 28 November 1979 to on or about 16 May 1980, a period of 5 months and 18 days. His DD Form 214 credited him with 5 months and 18 days of foreign service. The regulation in effect at the time required an entry for the total active duty outside continental limits of the United States for the period covered by the DD Form 214 in item 12f which is correctly shown on his DD Form 214.
2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. There was no provision to list the specific overseas permanent duty station, such as Korea, Germany, Italy, etc., on the DD Form 214. The applicant may use this Record of Proceedings to confirm his service in Korea.
3. He served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show award of the Korea Defense Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X___ __X______ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 to item 13 of his DD Form 214 the Korea Defense Service Medal.
2. The Board further determined that 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 listing Korea on 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) AR20130007326
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007326
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013000
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Korea and award of the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Korea Defense Service Medal and Army Good Conduct Medal (1st Award).
ARMY | BCMR | CY2011 | 20110020167
The applicant provides his DD Form 214. Army Regulation 600-8-22 (Military Awards) states that 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. This period of foreign service is captured in item 12f of his DD Form 214.
ARMY | BCMR | CY2014 | 20140005637
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Korea. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. 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.
ARMY | BCMR | CY2012 | 20120011810
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. 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...
ARMY | BCMR | CY2013 | 20130014633
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Korea. In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2015 | 20150000790
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 evidence of record shows that during the period covered by his DD Form 214 he completed tours in Germany and Korea totaling over 9 years of overseas service and this foreign service is captured in item 12f of his DD Form 214. His service in Korea qualifies him for award of the Korea Defense Service...
ARMY | BCMR | CY2007 | 20070003199
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1980 be corrected to show the award of the Prisoner of War (POW) Medal. A review of the applicant's military records shows there is no record of the applicant ever being a POW in December 1970. The applicant's records show that he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2013 | 20130013762
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Korea. His DA Form 2-1 shows he qualified as a Sharpshooter with the M-16 rifle on 5 April 1998 and that he was assigned to: a. Germany from 15 January 1984 to 31 December 1986. b. Korea from 24 June 1991 to 23 June 1992. c. Alaska from 24 September 1997 to 20 October 1999. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090013122
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Korea and the Korea Defense Service Medal. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location of the foreign service on an individuals DD Form 214 at the time the applicant was released from active duty on 31 March 1980. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100012962
The applicant requests correction of his 31 December 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service duty in Germany and Korea. Although the exact dates of the applicant's service in Germany and Korea are unknown, his ORB verifies he served 34 months in Germany and 12 months in Korea. Therefore, he is entitled to correction of his DD Form 214 to show 3 years and 10 months of foreign service.