Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130013762
Original file (20130013762.txt) Auto-classification: Approved

		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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013762



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110002611

    Original file (20110002611.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his service in Korea and Saudi Arabia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal - Kuwait, and the Korea Defense Service Medal; b. amending item 12f of his DD Form 214...

  • ARMY | BCMR | CY2011 | 20110008030

    Original file (20110008030.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal and Kuwait Liberation Medal. The applicant provides his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "01 02 28" and replacing it with "01 06 22"; b. adding to item 13 of his DD Form 214 the Army...

  • ARMY | BCMR | CY2013 | 20130008842

    Original file (20130008842.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal. His DD Form 214 shows in: * Item 12f (Foreign Service), he completed 3 years, 11 months, and 22 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the - * Bronze Star Medal * Army Commendation Medal...

  • ARMY | BCMR | CY2013 | 20130008168

    Original file (20130008168.txt) Auto-classification: Approved

    He states his service is not noted on his DD Form 214. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Amending Item 12f on his DD Form 214, dated 1 September 1992, to show he had 1 year, 5 months, and 15 days of foreign service.

  • ARMY | BCMR | CY2013 | 20130007970

    Original file (20130007970.txt) Auto-classification: Approved

    The applicant requests his service in Kuwait be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 October 1996. The current entry in item 18 of his DD Form 214 showing his service in Southwest Asia does not include all of his service. Item 13 - Delete: Southwest Asia Service Medal Add: Southwest Asia Service Medal with one bronze service star Korea Defense Service Medal Kuwait Liberation Medal - Government of Kuwait c. Item 18...

  • ARMY | BCMR | CY2008 | 20080000309

    Original file (20080000309.txt) Auto-classification: Approved

    The applicant requests his 22 November 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as a captain, his pay grade as O-3E, his date of birth as 5 November 1954, that he entered active duty (for this period) on 22 August 1990 with adjustment of the related entries in block 12 (Record of Service) and that he had an unspecified period of foreign service. Substantiating evidence must be provided to verify that the wound was the result of...

  • ARMY | BCMR | CY2014 | 20140002648

    Original file (20140002648.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his service in Southwest Asia (SWA) during Operations Desert Shield/Desert Storm. This information should be used to correct block 18 of his DD Form 214 to show his dates of deployment to SWA. The evidence shows he served in Korea for a period of 1 year.

  • ARMY | BCMR | CY2013 | 20130002123

    Original file (20130002123.txt) Auto-classification: Approved

    For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. c. For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." The evidence of record shows the applicant qualified for award of the KDSM based on his active service in support of the defense of the ROK....

  • ARMY | BCMR | CY2011 | 20110011874

    Original file (20110011874.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service while deployed in support of Operation Desert Storm from December 1990 to May 1991 * award of the Southwest Asia Service Medal 2. Evidence also shows he participated in three campaigns while serving in Southwest Asia. Although his Army Commendation Medal was awarded for his service in support of Operations Desert Shield/Storm from 17 September 1990 to...

  • ARMY | BCMR | CY2015 | 20150000790

    Original file (20150000790.txt) Auto-classification: Approved

    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 evidence of record shows that during the period covered by his DD Form 214 he completed tours in Germany and Korea totaling over 9 years of overseas service and this foreign service is captured in item 12f of his DD Form 214. His service in Korea qualifies him for award of the Korea Defense Service...