IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130016211
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal.
2. The applicant states nothing on his DD Form 214 reflects his tenure in Korea.
3. The applicant provides no additional evidence.
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 30 August 1973. He remained on active duty through continuous reenlistments.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he arrived in Korea on 15 October 1991. He departed Korea en-route to the United States on 14 October 1992.
4. The applicant retired due to length of service on 31 August 1993. His DD Form 214 does not show he was awarded the Korea Defense Service Medal.
5. 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.
6. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents which were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established 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. It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time stated that decorations, medals, badges, citations and campaign ribbons, would be entered in item 13 from information recorded on the Soldier's DA Form 2-1. There was no provision then and there is no provision now for listing assignment to foreign countries on the DD Form 214 based on a permanent change of station (PCS) move.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows he served in Korea from 15 October 1991 through 14 October 1992.
2. Based on his service in Korea he is entitled to award of the Korea Defense Service Medal and 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 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 adding to his DD Form 214 award of the Korea Defense Service Medal.
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 his service in Korea on the 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) AR20130016211
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ABCMR Record of Proceedings (cont) AR20130016211
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