IN THE CASE OF: 

		BOARD DATE:	    29 April 2014

		DOCKET NUMBER:  AR20130014633 


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 deployed to Korea. 

3.  The applicant provides his Permanent Change of Station (PCS) orders to 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 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's records show he enlisted in the Regular Army on 21 August 1998 and he held military occupational specialty 19K (M-1 Armor Crewmember). 

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea in a PCS status from on or about 8 January 1999 to 24 December 1999, a period of 11 months and 17 days.  He was assigned to the 1st Battalion, 72nd Armor, 2nd Infantry Division. 

4.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 17 December 2000.  He completed 2 years, 3 months, and 27 days of active service with no lost time and he was fully eligible to reenlist.  His DD Form 214 shows in: 

* Item 12f (Foreign Service) – 0000-00-00
* Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, Expert Marksmanship Qualification badge with Pistol Bar, and Sharpshooter Marksmanship Qualification Badge with Grenade 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.  Chapter 2 states:

* item 12f is used to enter the total foreign service completed outside continental United States during the period covered by the DD Form 214
* item 18 (Remarks) for a Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

6.  A review of the applicant's records does not reveal any derogatory information in the form of nonjudicial punishment, court-martial conviction, or lost time.  Additionally, his records do not contain a disqualification memorandum for award of the Army Good Conduct Medal.  

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  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 applicant did not deploy to Korea.  He completed 11 months and 17 days of foreign service in a PCS status in Korea.  His DD Form 214 did not credit him with this foreign service.  Therefore, his DD Form 214 should be corrected to reflect 11 months and 17 days of foreign service in item 12f. 

2.  Based on this period of service in Korea, he served during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award which will also show he served in Korea.

3.  The applicant served honorably on active duty in the Regular Army from 21 August 1998 through 17 December 2000.  He completed 2 years, 3 months, and 27 day of creditable active service and attained the rank/grade of SPC/E-4.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 his DD Form 214 the entry "0000-00-00" and adding the entry "0000-11-27
* awarding him the Army Good Conduct Medal (1st Award) for the period 21 August 1998 through 17 December 2000
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and Korea Defense Service Medal




      _______ _ 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)                                         AR20130014633



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ABCMR Record of Proceedings (cont)                                         AR20130014633



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