IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017234
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) for the period ending on 20 December 1993 to add the Korea Defense Service Medal and his service in Korea.
2. The applicant states the Korea Defense Service Medal was awarded to all military personnel who served in Korea after 1953. He served in Korea from 1984 to 1985 and needs his record corrected to show this service.
3. The applicant provides his DD Forms 214 for the periods ending on 17 July 1981 and 20 December 1993.
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. After having previous enlisted service, the applicant enlisted in the Regular Army on 19 April 1983 and served through a series of reenlistments and assignments. He held military occupational specialty 29J (Telecommunications Terminal Device Repairer) and attained the rank/grade of sergeant/E-5.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to Korea from 21 May 1984 to 20 May 1985 and to Germany from
26 July 1990 to 23 July 1993.
4. He was honorably discharged from active duty on 20 December 1993. His DD Form 214 shows he completed 10 years, 8 months, and 20 days of net active service of which 3 years, 11 months, and 28 days was credited as foreign service. Additionally, he was awarded or authorized the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* Army Good Conduct Medal (4th Award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Humanitarian Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Drivers Badge
* Army Lapel Button
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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty in Korea from 21 May 1984 to 20 May 1985, a period of 1 year. As such, he met the criteria for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record shows the applicant served in Korea from 21 May 1984 to 20 May 1985, a period of 12 months. His DD Form 214 credited him with the appropriate amount of foreign service for his assignment in Korea and Germany and he was awarded the Overseas Service Ribbon (2nd Award). 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.
3. 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 or Germany on the DD Form 214. The applicant may use this Record of Proceedings to confirm his service in Korea.
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 the Korea Defense Service Medal to his DD Form 214 for the period ending 20 December 1993.
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 adding his Korea service to his DD Form 214 for the period ending 20 December 1993.
_______ _ 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) AR20130017234
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017234
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