IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019180
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) to show his dates of overseas service in Korea and award of the Korea Defense Service Medal (KDSM).
2. The applicant states:
a. He would like to have his overseas service in Korea listed as Korea. He has seen DD Forms 214 with the names of the country/overseas assignments and dates listed.
b. He is eligible for award of the KDSM which was authorized after he was discharged.
3. The applicant provides a copy of his 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 5 September 1979 and trained as a combat engineer.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows:
* he was assigned to the 2d Military Police Company, 2d Infantry Division, Korea, from 5 January 1980 through 20 December 1980
* he was assigned to Company B, 39th Engineer Battalion, Fort Devens, MA, from 31 January 1984 through 30 August 1985
4. His DD Form 214 shows he was honorably discharged on 30 August 1985 and his last duty assignment and major command was Company B, 39th Engineer Battalion. This form also shows he completed 11 months and 16 days 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 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), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. There was no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
8. The current regulation governing separation documents provides that the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks) of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was assigned to Korea in a permanent duty status from 5 January 1980 to 20 December 1980, 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. The governing regulation states the name of country and inclusive dates are shown on the DD Form 214 for a deployed active duty Soldier.
2. He served in Korea during a qualifying period for award of 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 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.
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 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) AR20130019180
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ABCMR Record of Proceedings (cont) AR20130019180
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