IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130013000
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 he served in Korea and award of the Korea Defense Service Medal.
2. The applicant states he served in Korea from 1981 to 1982 but for unknown reasons, his DD Form 214 excluded this service.
3. The applicant provides his DD Form 214, a medical document, and a photograph of Soldiers in front of a sign that says Korea.
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 30 August 1978 and he held military occupational specialty 63B (Light Wheel Vehicle Mechanic). He served in Korea from 5 June 1980 to 8 June 1981.
3. On 16 July 1982, Headquarters, Fort Huachuca, AZ, published Permanent Orders 80-01 awarding him the Army Good Conduct Medal for service during the period 23 June 1981 through 22 June 1982. There is no evidence of derogatory information in his records.
4. He was honorably released from active duty on 29 August 1982. His
DD Form 214 shows he completed 4 years of active service. It also shows in:
* Item 12f (Foreign Service), the entry "01-00-04" (indicating he completed 1 year and 4 days of foreign service)
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Driver Component Bar
5. 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 continental United States during the period covered by the DD Form 214.
6. 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 5 June 1980 to 8 June 1981 a period of 1 year and 4 days. His DD Form 214 credited him with 1 year and 4 days of foreign service. The regulation in effect at the time required an entry for the total active duty outside the 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.
4. PO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214. Although the dates for the award are not correct, it appears he was otherwise eligible for the award. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 and Army Good Conduct Medal (1st Award).
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) AR20130013000
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ABCMR Record of Proceedings (cont) AR20130013000
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