BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140016356
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 duty assignment in Korea.
2. The applicant states:
* his DD Form 214 does not show he was stationed in Korea from approximately 1976 to 1977
* he needs this information shown on his DD Form 214 in order to join the Veterans of Foreign Wars
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 applicants 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 applicants 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 28 October 1975 and completed military police training.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Korea from 27 June 1977 through 28 June 1978.
4. On 27 October 1979, he was honorably released from active duty (REFRAD).
5. His DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16), Pistol (.45 Caliber), and Grenade Bars
6. His DD Form 214 also shows his last duty assignment and major command as Headquarters, U.S. Army Intelligence and Security Command, Arlington Hall Station, Arlington, VA.
7. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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.
8. 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 is no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation.
DISCUSSION AND CONCLUSIONS:
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 requested relief.
2. As a related issue, he served a qualifying period for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this medal, which will also satisfy his desire to have his DD Form 214 show 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 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 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 adding his duty 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) AR20090010900
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ABCMR Record of Proceedings (cont) AR20140016356
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