IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130017620
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in item 12f that he served 2 years and 1 day of foreign service.
2. The applicant states that he served 2 years and 1 day of service in Korea; however, his DD Form 214 shows only 1 year and 1 day.
3. The applicant provides a copy of his DD Form 214 and a page from his DA Form 2-1 (Personnel Qualification Record Part II)
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 1 July 1983 for a period of 3 years and training as a military policeman. He completed his training and was transferred to Korea on 24 April 1985 for assignment to the 2nd Military Police Company.
3. The applicant extended his enlistment and foreign service tour for a period of 1 year and departed Korea on 24 April 1987. He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 27 April 1987. He had served 3 years, 9 months and 27 days of active service and 2 years and 1 day of foreign service; however, his DD Form 214 shows that he served 1 year and 1 day of foreign service.
4. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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 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 served 2 years and 1 day of foreign service; however, his DD Form 214 incorrectly shows that he served only 1 year and 1 day of foreign service.
2. Accordingly, his DD Form 214 should be corrected to show in item 12f that he served 2 years and 1 day of foreign service.
3. Additionally, he served during a qualifying period for award of the KDSM and is entitled to have that award added to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 01 00 01 in item 12f of his DD Form 214
* Adding the entry 02 00 01 to item 12f of his DD Form 214
* Adding the award of the KDSM to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20130017620
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ABCMR Record of Proceedings (cont) AR20130017620
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