BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140015179
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 foreign service in the Republic of Korea and to show he was awarded or authorized the Korea Defense Service Medal (KDSM).
2. The applicant states his DD Form 214 does not show his overseas service in South Korea.
3. The applicant provides 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 30 June 1978, held military occupational specialty 12B (Combat Engineer), and attained the rank/grade of specialist four (SP4)/E-4.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he served in the Republic of Korea from 4 February 1980 to 23 February 1981.
4. He was honorably released from active duty on 29 June 1981. His DD Form 214 shows he completed 3 years of net active service, including 1 year and 19 days of foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded or authorized the KDSM or the Army Good Conduct Medal.
5. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of either a commander's disqualification for the award or any disciplinary actions against him.
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. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 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.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The version of this regulation in effect in 1979 stated for item 12f enter the total amount of foreign service completed during the period covered in item 12e which stated to enter all service less time lost. At the time there was no provision to enter the location of the foreign service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served a qualifying period for award of the KDSM. As this award is not shown on his DD Form 214, he is entitled to a correction of his DD Form 214 to show it. This entry also serves to verify he served in the Republic of Korea
2. While the applicant did not specifically request award of the Army Good Conduct Medal, he did serve honorably on active duty from 30 June 1978 to 29 June 1981. His record does not contain any derogatory information that would indicate his commander intended to deny him receipt of the Army Good Conduct Medal. Since it appears he met the criteria, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 30 June 1978 to 29 June 1981, and to correct his DD Form 214 to show this award.
3. There was no provision at the time of the applicant's service to add the geographic location of his foreign service to his DD Form 214. Therefore, recommend denial of the portion of his application that pertains to adding the geographical location of his overseas service to his DD Form 214.
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 (1st Award) for the period 30 June 1978 to 29 June 1981;
b. adding to item 13 of his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
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 adding the geographic location of his foreign service 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) AR20140015179
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ABCMR Record of Proceedings (cont) AR20140015179
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