BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130014657 


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 foreign service in the Republic of Korea (ROK) and award of the Korea Defense Service Medal (KDSM).

2.  The applicant states he served a nearly 1-year tour of duty in the ROK.  His DD Form 214 does not show he served in the ROK and he has been unable to establish his eligibility for award of the KDSM as a result.

3.  The applicant provides copies of his DA Form 2-1 (Personnel Qualification Record – Part II), reassignment orders, and 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 on 28 May 1986.  He was awarded military occupational specialty 19D (Cavalry Scout).

3.  His DA Form 2-1 shows in:

* item 5 (Oversea Service) –

* Korea from 29 September 1986 through 25 September 1987
* Panama from 20 December 1989 through 11 January 1990

* item 9 (Awards, Decorations, and Campaigns) – no entry for the KDSM
* item 35 (Record of Assignments) –

* Headquarters and Headquarters Company (HHC), 1st Battalion, 31st Infantry, 2d Infantry Division, from 3 October 1986 through
   15  April 1987
* HHC, 1st Battalion, 5th Infantry, 2d Infantry Division, from 16 April 1987 through 24 September 1987

4.  The applicant's DD Form 214 shows he entered active duty on 28 May 1986 and he was honorably discharged on 30 November 1993.  He completed 7 years, 6 months, and 3 days of total active service during this period.  It also shows in:

* item 12f (Foreign Service) – 0 years, 10 months, and 27 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal with 1st Oak Leaf Cluster
* Army Achievement Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal (2nd Award)
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Navy Achievement Medal
* Combat Action Ribbon
* Joint Meritorious Unit Award
* Armed Forces Expeditionary Medal with Arrowhead Device

* item 18 (Remarks) – service in Panama from 20 December 1989 through 11 January 1990 (it does not show service in the ROK)

5.  In support of his application the applicant provides the following orders:

* Headquarters, U.S. Army Armor Center, Fort Knox, KY, Orders 157-174, dated 14 August 1986 , that reassigned him to 8th Personnel Service Command (Korea) on or about 28 September 1986
* Headquarters, 2d Infantry Division, Orders 275-32, dated 2 October 1986, that relieved him from 2d Adjutant General Replacement Detachment and assigned him to HHC, 1st Battalion, 31st Infantry, on 3 October 1986

6.  A review of the applicant's military personnel records reveals he may be entitled to an additional award that is not shown on his DD Form 214.  Item 9 of his DA Form 2-1 shows he was authorized and awarded the First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Hand Grenade Bar.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows the KDSM 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Item 12f stated to enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).  Obtain the foreign service listed in item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the Military Personnel Records Jacket/Official Military Personnel File.

	b.  Item 13 stated entries would be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing these entries.

	c.  Item 18 stated that 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the ROK and award of the KDSM.

2.  Records show the applicant served overseas as follows:

* ROK from 29 September 1986 through 25 September 1987
* Panama from 20 December 1989 through 11 January 1990

3.  A computation of the two periods of overseas service is as follows:

	1987  09  25		date of reassignment from ROK
	- 1986  09  29		date of assignment to ROK
	=     00  11  26
	+ _                1		inclusive day
	=     00  11  27		net overseas service during this period (ROK)

	1990  01  11		date of redeployment from Panama
	- 1989  12  20		date of deployment to Panama
	=     00  00  21
	+ _                1		inclusive day
	=     00  00  22		net overseas service during this period (Panama)

4.  A computation of the total overseas service for these two periods is as follows:

	00  11  27		ROK
	+     00  00  22		Panama
	=     00  11  49 		total overseas service during this period (or 1 year, 
			0 months, and 19 days of total overseas service)

5.  Thus, item 12f of the applicant's DD Form 214 should be corrected to show his total foreign service as 1 year and 19 days.

6.  The evidence of record shows the applicant was reassigned overseas to the ROK on individual assignment orders as a permanent change of station.  There 


is no evidence of record that shows he deployed to the ROK with his unit.  Thus, he is not entitled to a separate entry in item 18 of his DD Form 214 to show his service in the ROK.

7.  The evidence of record shows:

* the applicant's service in the ROK qualified him for award of the KDSM
* he was authorized award of the Sharpshooter Marksmanship Qualification Badge with Grenade Bar

8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  ___X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "1 year, 0 months, and 19 days"; and

	b.  adding the following awards to item 13 of his DD Form 214:

* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

2.  The Board further determined 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 a separate entry showing service in the ROK.



      ___________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)                                         AR20130014657



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ABCMR Record of Proceedings (cont)                                         AR20130014657



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