IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019170
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:
a. his duty assignment in Korea be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty); and
b. the Korean Service Medal (apparently he means the Korea Defense Service Medal (KDSM)) be added to his DD Form 214.
2. The applicant states:
* his service in Korea is not noted
* he was not awarded the KDSM
3. The applicant provides:
* Request pertaining to military records
* 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 31 October 1989 and trained as a heavy wheel vehicle mechanic.
3. His DA Form 2-1 (Personnel Qualification Record) shows:
a. he served in Korea from 12 August 1991 through 11 August 1992 while assigned to Headquarters and Headquarters Company, 802nd Engineer Battalion.
b. he was assigned to Headquarters and Headquarters Battery (HHB),
1st Battalion, 12th Lance Field Artillery Battalion, Fort Sill, OK from 8 September 1992 to 30 October 1993.
4. His DD Form 214 shows he was released from active duty on 30 October 1993 and his last duty assignment and major command was HHB, 1st Battalion 12th Field Artillery Regiment, (Multiple Launch Rocket System), Forces Command. This form also shows he completed 1 year of foreign service and was awarded the Overseas Service Ribbon.
5. His DD Form 214 does not show the KDSM as an authorized award.
6. 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 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.
7. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant was assigned to Korea from 12 August 1991 to 11 August 1992, which is properly shown on his DA Form 2-1. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for granting the applicant's request to show his duty assignment in Korea on his DD Form 214.
2. He served during a qualifying period of service for entitlement to the KDSM. Therefore, his DD Form 214 should be corrected 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 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 KDSM to his DD Form 214.
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 amending his DD Form 214 to show his duty assignment in Korea.
_______ _ __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) AR20130019170
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ABCMR Record of Proceedings (cont) AR20130019170
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