IN THE CASE OF:  

		BOARD DATE:  20 November 2014	  

		DOCKET NUMBER:  AR20140005637 


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 service in Korea. 

2.  The applicant states, in effect, he served in Korea from 15 December 1987 to 11 December 1988 but his DD Form 214 does not reflect this service.

3.  The applicant provides his DD Form 214 and DA Form 2-1 (Personnel Qualification Record). 

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.  Having had prior service, the applicant reenlisted in the Regular Army on 31 May 1977.  He held military occupational specialty 63B (Light Wheeled Vehicle Mechanic). 

3.  He served through multiple extensions or reenlistments in a variety of assignments, including overseas service, and he attained the rank/grade of staff sergeant (SSG)/E-6. 

4.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in:

* Germany, from 15 February 1980 to 14 April 1983
* Korea, from 15 December 1987 to 11 December 1988
* Southwest Asia, from 13 October 1990 to 24 April 1991

5.  He retired on 31 January 1993 and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 February 1993.  His DD Form 214 shows in:

* item 12f (Foreign Service) – he completed 4 years, 8 months, and 6 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal with one bronze service star
* Humanitarian Service Medal
* Meritorious Unit Commendation 
* Southwest Asia Service Medal with three bronze service stars
* NCO Professional Development Ribbon with Numeral 2
* Driver Badge with Mechanic Bar
* Kuwait Liberation Medal

6.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.

* item 12f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214
* item 13 shows awards and decorations

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 
	a.  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.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from 15 December 1987 to 11 December 1988.  This period of foreign service is captured in item 12f of his DD Form 214, which reflects his total overseas service.  There is no provision in the regulation to list the specific country of foreign service in item 12f.

2.  Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  However, the applicant may use this Record of Proceedings and the Korea Defense Service Medal to confirm his foreign service in Korea.

4.  The applicant served in Southwest Asia from 13 October 1990 to 24 April 1991.  This period of service qualifies him for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Although his DD Form 214 listed the Kuwait Liberation Medal, it does not identify which country awarded it.  Therefore, he is entitled to correction of his DD Form 214 to show both awards of the Kuwait Liberation Medal.  




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:

* deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal
* adding to item 13 of his DD Form 214 the Korea Defense Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)

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 correcting his DD Form 214 to include a specific entry showing his foreign service was 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)                                         AR20140005637





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ABCMR Record of Proceedings (cont)                                         AR20140005637



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