BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140001616 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 January 1997 be corrected to indicate service in South Korea and the award of the Korea Defense Service Medal.  He also requests the orders and certificate for the Army Good Conduct Medal shown on his DD Form 214.

2.  The applicant states his DD Form 214 does not show his time served in Korea for over 60 days.  He was awarded the Army Good Conduct Medal but he did not receive the actual orders or certificate.

3.  The applicant provides his:

* orders for the award of the Army Good Conduct Medal
* orders for duty in Korea 

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.  He previously served 1 year, 3 months, and 25 days in the Texas Army National Guard.  On 27 November 1990, he enlisted in the Regular Army for 
4 years.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 19 December 1990 to 7 January 1992.  He was assigned to the 2nd Engineer Battalion, 2nd Infantry Division from 21 December 1990 to 7 January 1992.

4.  On 28 January 1992, he was assigned to the 19th Engineer Battalion, Fort Knox, KY.

5.  The applicant provided Headquarters, 19th Engineer Battalion, Fort Knox, KY Permanent Order Number 06-003, dated 13 December 1993, awarding him the Army Good Conduct Medal for the period from 27 November 1990 to 
26 November 1993.

6.  On 7 June 1994, he immediately reenlisted for 3 years.

7.  On 11 January 1997, he was discharged by reason of disability, severance pay.  His DD Form 214 shows he was awarded the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period for the award is each 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  It 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.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.  The regulation does not provide for the entry of routine overseas assignments on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he did not receive the orders for his award of the Army Good Conduct Medal; however, he provided a copy of the orders with his application.  The orders show he was awarded the Army Good Conduct Medal for the period of service from 27 November 1990 to 26 November 1993.  Therefore, the period for his second award of the Army Good Conduct Medal began on 27 November 1993.

2.  His records do not show indiscipline or lost time.  His records do not contain any adverse information.  Therefore, he is eligible for a second award of the Army Good Conduct Medal for the period of service from 27 November 1993 to 26 November 1996.

3.  He completed a tour of duty in Korea.  Therefore, he is eligible for the Korea Defense Service Medal and this award should be added to his DD Form 214.

4.  The DD Form 214 provides documentary evidence of a Soldier's military service at the time of his or her discharge.  However, it does not list a Soldier's specific duty assignments.  Therefore, the applicant's specific assignment in Korea is not listed on his DD Form 214.  His award of the Korea Defense Service Medal provides proof he served 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:

	a.  awarding him the Army Good Conduct Medal (Second Award) for the period of service from 27 November 1993 to 26 November 1996;

	b.  providing him a certificate for the Army Good Conduct Medal (First Award) for the period of service from 27 November 1990 to 26 November 1993; and

	c.  amending his DD Form 214 with a separation date of 11 January 1997 by deleting the Army Good Conduct Medal and adding the:

* Army Good Conduct Medal (Second Award)
* Korea Defense Service Medal

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 assignment in Korea to his DD Form 214.  




      _______ _   _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)                                         AR20140001616



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ABCMR Record of Proceedings (cont)                                         AR20140001616



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