BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007949
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Korea and his award of the Korea Defense Service Medal (KDSM).
2. The applicant states that he served in Korea from 1982 to 1984 and he desires to have his service in Korea reflected on his DD Form 214 along with his award of the KDSM.
3. The applicant provides no additional documents with his application.
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 enlisted in the Regular Army on 14 April 1982 for a period of 3 years and training as a utilities equipment repairer. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Belvoir, Virginia before being transferred to Korea on 7 October 1982.
3. He departed Korea on 2 December 1983 and was transferred to Fort Benjamin Harrison, Indiana where he served until 5 January 1984 when he was transferred to Fort Bliss, Texas.
4. On 14 April 1985, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years, 11 months, and 29 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he served 1 year, 1 month, and 26 days of foreign service and was awarded the Army Service Ribbon, Overseas Service Ribbon, and his marksmanship badges.
5. A review of his records shows no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.
6. 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.
7. Army Regulation 600-8-22 also states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time did not provide that the country of foreign service in which duty was performed be entered on the DD Form 214. However, it did provide that information could be entered in item 18 (Remarks) section when there was not a place provided on the form for a specific piece of information.
DISCUSSION AND CONCLUSIONS:
1. While there were no provisions for entering the country of foreign service on the DD Form 214 at the time, the applicable regulation allowed additional entries to be made in item 18 when there was not a space provided on the form. Accordingly, the entry Service in Korea 821007 831202 should be entered on his DD Form 214.
2. The applicant's period of service in Korea also entitles him to the KDSM. As such, this award should be added to his DD Form 214.
3. The applicant was also eligible for award of the Army Good Conduct Medal (1st Award) and it appears that an administrative oversight caused him not to be awarded that medal for the period 14 April 1982 to 12 April 1985. Accordingly, he should be awarded the Army Good Conduct Medal and this award should be added to his DD Form 214.
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:
* awarding him the AGCM (1st Award) for the period of 14 April 1982 to 12 April 1985
* adding the awards of the KDSM and AGCM (1st Award) to his DD Form 214
* adding the entry Service in Korea 821007 831202 to item 18 of 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) AR20130007949
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