BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130016290 


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) for the period ending 30 September 1992 to show:

	a.  he entered active duty on 11 June 1971 and

	b.  award of the Korea Defense Service Medal (KDSM).

2.  The applicant states:

* his basic active service date (BASD) is 11 June 1971, but his DD Form 214 shows he entered active duty on 30 November 1977
* his DD Form 214 shows he has prior service and he never left the service until he retired – his service was continuous
* he served two overseas tours in Korea, one from 1976-1977 and another from 1978-1981

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 11 June 1971 through 25 December 1973
* DD Form 214 (Report of Separation from Active Duty) for the period 26 December 1973 through 29 November 1977
* DD Form 214 for the period 30 November 1977 through 30 September 1992

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 11 June 1971 for a period of 3 years.  He was honorably discharged on 25 December 1973 for the purpose of immediate reenlistment.

3.  His DD Form 214 for the period ending 25 December 1973 shows:

* he entered this period of active duty on 11 June 1971
* he completed 2 years, 6 months, and 15 days of net active service during this period
* he completed 2 years, 1 month, and 25 days of foreign service during this period

4.  He reenlisted on 26 December 1973 for a period of 4 years.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea from 18 May 1976 through 11 June 1977.  He was honorably discharged on 29 November 1977 for the purpose of immediate reenlistment.

5.  His DD Form 214 for the period ending 29 November 1977 shows:

* he entered this period of active duty on 26 December 1973
* he completed 3 years, 11 months, and 4 days of net active service during this period
* he completed 6 years, 5 months, and 19 days of total active service
* he completed 1 year and 24 days of foreign service during this period

6.  He reenlisted on 30 November 1977.  His DA Form 2-1 shows he served in Korea from 6 July 1978 through 6 August 1981.  He remained on active duty through continuous reenlistments until he retired on 30 September 1992 in the rank of master sergeant.

7.  His DD Form 214 for the period ending 30 September 1992 shows:

* he entered this period of active duty on 30 November 1977
* he completed 14 years, 10 months, and 1 day of net active service during this period
* he completed 6 years, 5 months, and 19 days of prior active service
* he completed 10 years, 1 month, and 21 days of foreign service during this period

8.  His DD Forms 214 do not show the KDSM as an authorized award.

9.  Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who 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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and specified that for item 12a (Date Entered Active Duty This Period), data sources are enlistment contracts, initial orders to active duty, active duty orders, previously-issued DD Forms 214, etc.

	a.  Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.  Do not depend on BASD's for this data item.  The BASD can be an adjusted date.

	b.  Effective 1 October 1979, the issuance of a DD Form 214 was no longer required for enlisted Soldiers who were discharged for immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 30 September 1992 should be corrected to show he entered active duty on 11 June 1971.

2.  The evidence of record shows he enlisted in the Regular Army on 11 June 1971 and he was discharged on 25 December 1973 for the purpose of immediate reenlistment, which is properly shown on his DD Form 214 for the period ending 25 December 1973.

3.  He immediately reenlisted on 26 December 1973 and he was discharged on 29 November 1977 for the purpose of immediate reenlistment, which is properly shown on his DD Form 214 for the period ending 29 November 1977.

4.  He immediately reenlisted on 30 November 1977 and he retired on 30 September 1992.  Effective 1 October 1979, the issuance of a DD Form 214 was no longer required for enlisted Soldiers who were discharged for immediate reenlistment.  His periods of prior active service documented on his two previous DD Forms 214 are properly reflected on his final DD Form 214 for the period ending 30 September 1992.  Therefore, there is no basis for granting the applicant's request.

5.  He served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 for the period ending 30 September 1992 should be corrected to show this medal.

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 award of the KDSM to his DD Form 214 for the period ending 30 September 1992.

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 amending his DD Form 214 for the period 


ending 30 September 1992 to show he entered this period of active duty on 11 June 1971.



      __________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)                                         AR20130016290



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ABCMR Record of Proceedings (cont)                                         AR20130016290



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