IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002648
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea.
2. The applicant states, in effect, his record should be corrected to show award of the Korea Defense Service Medal. He claims this small omission is preventing him from qualifying for government positions with a point preference.
3. The applicant provides:
* a self-authored statement
* DD Form 214
* Standard Form 558 (Emergency Care and Treatment)
* DA Form 4700 (Medical Record Supplemental Medical Data)
* 5 DA Forms 5181-R (Screening Note of Acute Medal Care)
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 July 1987.
3. His record contains a DA Form 2-1 (Personnel Qualification Record). Item 5 (Oversea Service) showing he served in Korea for the period 24 April 1990 to 25 November 1991.
4. On 28 July 1995, he was honorably discharged upon the completion of his required active service. His DD Form 214 shows he completed 1 year, 7 months and 2 days of foreign service and he was awarded or authorized the:
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Badge with Rifle and Hand Grenade Bars
5. The applicant provides several medical documents showing he received medical treatment while serving in Korea during the period in question.
6. Army Regulation 600-8-22 (Military Awards) 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. It states:
for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service In (Name of Country Deployed) From (Inclusive Dates for Example, YYYYMMDD - YYYYMMDD)."
8. Army Regulation 635-5 does not provide for listing permanent change of station (PCS) moves on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The Army regulation governing the preparation of separation documents at the time of the applicant's discharge only provides for annotating deployed service on a Soldier's DD Form 214. His tour of duty in Korea was not a deployment, but rather a PCS move.
2. However, the evidence of record shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal, which may be added 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 adding the Korea Defense Service Medal to his DD Form 214.
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 correcting his DD Form 214 to show his foreign service 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) AR20150002648
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002648
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130014633
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Korea. In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2013 | 20130002883
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates of his tour 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.
ARMY | BCMR | CY2012 | 20120010755
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the: * Korea Defense Service Medal (KDSM) * Iraq Campaign Medal (ICM) * Global War on Terrorism Service Medal (GWOTSM) * Noncommissioned Officer Professional Development Ribbon (NPDR) with Numeral 2 * Overseas Service Ribbon (OSR) with Numeral 3 * National Defense Service...
ARMY | BCMR | CY2013 | 20130016211
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal. Army Regulation 600-8-22 (Military Awards) states 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. As a result, the Board recommends denial of so much of the application that pertains to...
ARMY | BCMR | CY2008 | 20080010367
The applicant requests, in effect, that his 4 February 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Germany, Kosovo, and Kuwait/Iraq. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Therefore, item 18 of the applicant's DD Form 214 should be corrected to show "SERVICE IN MACEDONIA FROM 20030114 - 20030505" and "SERVICE IN KUWAIT/IRAQ FROM 20040214 - 20050210 and 20051016 20061007."
ARMY | BCMR | CY2014 | 20140019538
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Afghanistan for the period 27 May to 1 December 2010, as well as all decorations and awards he earned. The DFAS information supported by the memorandum and orders provided by the applicant is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show he served in Afghanistan from 27 May to 4 December 2010 and thereby add a period of 6...
ARMY | BCMR | CY2014 | 20140016377
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 12f (Foreign Service) his 8 months of service in Iraq and 18 months of service in Korea (or 2 years and 2 months) * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Iraq Campaign Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Overseas Service...
ARMY | BCMR | CY2013 | 20130006762
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in support of Operation Iraqi Freedom (OIF), authorization of the appropriate service medal, and award of the Purple Heart. It also shows in: a. item 8a (Last Duty Assignment and Major Command): Company A, 4th Battalion, 64th Armor; b. item 12f (Foreign Service): "0001 year, 00 months, and 02 days"; c. item 13 (Decorations, Medals, Badges, Citations and Campaign...
ARMY | BCMR | CY2010 | 20100010782
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her tours of overseas service in the Republic of Korea and the Federal Republic of Germany and her deployment to Saudi Arabia. The evidence of record clearly shows the applicant completed tours of duty in the Republic of Korea and the Federal Republic of Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110013685
Application for correction of military records (with supporting documents provided, if any). On 18 December 2003, he was ordered to active duty as a member of his TNARNG unit in support of OIF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the period ending 29 April 2005 the: * Korean Service Medal * War on Terrorism Expeditionary Medal * War on Terrorism Service Medal *...