IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012550
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 Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 21 February 1983.
2. The applicant states he served in Korea and the lack of this entry affects his benefits from the Department of Veterans Affairs.
3. The applicant provides copies of his 1977 DD Form 214 (Report of Separation from Active Duty), page 3 of his DA Form 2-1 (Personnel Qualification Record Part II), and his 1983 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 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 (RA) on 5 April 1974 and he held military occupational specialty 36C (wireman). He was honorably discharged on 21 February 1977 for the purpose of immediate reenlistment. His DD Form 214 lists the National Defense Serviced Medal. He completed 2 years, 10 months, and 16 days of net active service.
3. He reenlisted in the Regular Army on 22 February 1977.
4. Section VII (Current and Previous Assignments) of his DA Form 2-1 shows he was assigned to Company A, 304th Signal Battalion, Korea, from 24 April 1977 through 11 April 1979, a period of 11 months and 18 days.
5. He was honorably discharged on 21 February 1983. He completed 6 years of net active service during this period. His DD Form 214 lists zero credit in item 12f.
6. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated item 12f would list credit for all foreign service completed during the period covered by the DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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 for 30 consecutive or for 60 nonconsecutive days from 28 July 1954 to a date to be determined by the Secretary of Defense.
b. The Army Service Ribbon is authorized for award to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
c. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows during the applicants period of service from 22 February 1977 through 21 February 1983 he served in Korea for a period of 11 months and 18 days. Therefore, he is entitled to correction of item 12f of his DD Form 214 ending on 21 February 1983 to show this foreign service.
2. Based on this correction, he is also entitled to award of the Korea Defense Service Medal and its addition to his 1983 DD Form 214.
3. The applicant completed a qualifying period of service for award of the Army Service Ribbon and Overseas Service Ribbon. Therefore, his 1983 DD Form 214 should be corrected to show these awards.
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:
* deleting from item 12f of the applicant's DD Form 214 ending on
21 February 1983 the entry, "00 00 00" and adding the entry, "00 11 18"
* adding to his 1983 DD Form 214 the Korea Defense Service Medal, Army Service Ribbon and Overseas Service Ribbon
_____________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) AR20130012550
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ABCMR Record of Proceedings (cont) AR20130012550
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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