IN THE CASE OF:
BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130013762
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.
2. The applicant states he served in Korea for 12 months (June 1991 to June 1992); however, his service in Korea was not annotated on his DD Form 214.
3. The applicant provides:
* DA Form 2-1 (Personnel Qualification Record-Part II), pages 1 and 4
* Orders Number 87-101, dated 26 April 1991
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period ending on May 1992, front page
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 17 January 1979 and served through a series of reenlistments and extensions in a variety of stateside and overseas assignments. He held military occupational specialties 62B (Construction Equipment Repairer) and 92A (Automated Logistical Specialist) and attained the rank/grade of sergeant first class/E-7.
3. 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.
4. He was honorably retired on 31 January 2001. His DD Form 214 shows he completed 22 years and 14 days of net active service.
* Item 12f (Foreign Service) - 6 years and 13 day of foreign service
* Item 13 (Decorations Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Driver and Mechanic Badge with "W" 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 the 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 24 June 1991 to 23 June 1992, a period of 12 months. His DD Form 214 credited him with this, and his other foreign service in item 12f and with the Overseas Service Ribbon. 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. This will also confirm his service in Korea. Additionally, his record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to add this badge.
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 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
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) AR20130013762
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ABCMR Record of Proceedings (cont) AR20130013762
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