BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130007405 


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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show:

* his periods of service in Korea and in Berlin, Germany
* award of the Korea Defense Service Medal (KDSM)

2.  He states he served in Korea and in Berlin, Germany, but he has no record of this service.  He just recently learned of a change in who is authorized award of the KDSM.

3.  He provides two DD Forms 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 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.  On 30 November 1978, the applicant enlisted in the Regular Army.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in:

* Korea from February 1979 through January 1980
* Germany from 29 May 1982 through 30 May 1985

4.  Orders in his records show he was assigned to duty in Berlin during his service in Germany.

5.  On 30 June 1985, he was honorably discharged.  His DD Form 214 for this period shows in:

* item 12f (Foreign Service) – 3 years, 9 months, and 14 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), in part – Army of Occupation Medal (AOM)

6.  On 24 June 1986, he again enlisted in the Regular Army.  On 15 April 1992, he was honorably released from active duty under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program.  His DD Form 214 for this period shows, in part, he was authorized award of the AOM.

7.  His records are void of documentation showing he was awarded the KDSM.

8.  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 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.

9.  Army Regulation 600-8-22 states the AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The award is authorized for service with the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  Soldiers who served in the European theater during the occupation of Europe will wear the clasp inscribed "Germany" with the AOM.

10.  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 establishes standardized policy for preparation of the DD Form 214.  It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Enlisted Record Brief.  The version of the regulation in effect at the time of the applicant's service did not provide for an entry on the DD Form 214 showing the specific location of foreign service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that during his first enlistment, the applicant served in Korea and in Berlin, Germany.

2.  Based on his service in Korea, he is authorized award of the KDSM and his DD Forms 214 should be corrected to show this award.

3.  He was awarded the AOM for his service in Berlin, Germany.  He is authorized a Germany clasp for wear with the previously-awarded AOM and his DD Forms 214 should be corrected to show the appropriate clasp.

4.  There is no error in the absence of an entry on the applicable DD Form 214 showing his periods of service in Korea and in Berlin, Germany.  At the time, there was no authority for entering the specific locations of his foreign service on the DD Form 214 and there is no basis for doing so now.  His foreign service in Korea and Germany is properly entered in item 12f of the applicable DD Form 214.  He should note that correction of his DD Forms 214 to show the KDSM and AOM with Germany clasp will partially satisfy his desire for entries showing where he served overseas.

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 amending his DD Forms 214 as follows:

	a.  deleting award of the AOM from his DD Form 214 for the period ending 30 June 1985,

	b.  adding award of the AOM with Germany Clasp and KDSM to his DD Form 214 for the period ending 30 June 1985,

	c.  deleting award of the AOM from his DD Form 214 for the period ending 15 April 1992, and

	d.  adding award of the AOM with Germany Clasp and KDSM to his DD Form 214 for the period ending 15 April 1992.

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 entries on his DD Form 214 showing his specific periods of service in Korea and in Berlin, Germany.



      __________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)                                         AR20130007405



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ABCMR Record of Proceedings (cont)                                         AR20130007405



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