IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140013971 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her service in the Republic of Korea from 22 July 1996 through 1 August 1997.

2.  The applicant states:

* she served an overseas tour in Korea
* she retired from the Army in 1997 during a period of force reduction
* she is currently a civil servant and was previously unaware that her tour in Korea can be counted toward her civil service time for leave and retirement
* when she checked her DD Form 214, she noticed the overseas tour in Korea is not annotated

3.  The applicant provides:

* a self-authored statement
* Headquarters, XVIII Airborne Corps and Fort Bragg, Orders 41-58, dated 10 February 1996
* 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.  After a brief period of service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 5 January 1982.

3.  Her service records indicate, that among various assignments, she served overseas twice.  She served in Germany from 26 July 1982 through 14 November 1985 and in Korea from 24 July 1996 through 1 August 1997.

4.  Department of the Army, Yongsan Transition Center, Orders 203-004, dated 22 July 1997, reassigned her from the 16th Medical Company, Korea, to the U.S. Army Transition Center, Fort Sam Houston, TX, as of 4 August 1997 for the purpose of retirement transition processing.  On 31 August 1997, she was honorably retired by reason of voluntary early retirement after completing 15 years, 7 months, and 26 days of total active service.

5.  Her DD Form 214 shows:

	a.  in item 8a (Last Duty Assignment and Major Command), the 16th Medical Company, P8;

	b.  in item 8b (Station Where Separated), Fort Sam Houston, TX;

	c.  in item 12f (Foreign Service), 4 years, 4 months, and 3 days; and

	d.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), she was awarded or authorized the Meritorious Service Medal, Army Commendation Medal (4th Award), Army Achievement Medal (3rd Award), Army Superior Unit Award, Army Good Conduct Medal (5th Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Grenade Bar.

6.  Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes), in effect at the time, prescribed the data codes used to report and record personnel data via the automated Personnel Information System.  It included data codes necessary to report deployment indicator and assignment eligibility and availability codes.  Paragraph 2-4 provides a comprehensive list of two-character command assignment codes.  Assignment code P8 corresponds to Eighth U.S. Army, Korea.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 2-20 states the Korea Defense Service Medal 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 area of eligibility encompasses all land area of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days during the period of eligibility are eligible for this award.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  Table 2-1 provided preparation instructions for the DD Form 214.  It stated the last unit of assignment, major command, and the corresponding two-character assignment code shown in Army Regulation 680-29, paragraph 2-4, would be annotated in item 8a.  In item 8b, the Army station or installation and state where separated would be entered.  The total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) would be annotated in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to reflect her service in the Republic of Korea was carefully considered and found to have partial merit.

2.  The DD Form 214 she was issued at the time of retirement was appropriately completed in accordance with the applicable regulatory guidance.  It correctly reflects her last duty assignment and major command as the 16th Medical Company, command assignment code P8 (8th U.S. Army, Korea); the station where she was ultimately separated was Fort Sam Houston, TX; and her foreign service time is appropriately annotated in item 12f.  There is no other allowance for the annotation of her service in Korea on the DD Form 214.  Therefore, there is no basis for correcting those items on her DD Form 214.
3.  By virtue of the applicant's honorable active duty service in support of the defense of the Republic of Korea from 24 July 1996 through 1 August 1997, she is authorized award of the Korea Defense Service Medal as a related issue.  Therefore, her DD Form 214 should be corrected to show this award.  The entry of this service award may be used to confirm her foreign service in the Republic of Korea.

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 Korea Defense Service Medal to her 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 the additional annotation of service in Korea on her 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)                                         AR20140013971



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ABCMR Record of Proceedings (cont)                                         AR20140013971



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