IN THE CASE OF: BOARD DATE: 11 September 2014 DOCKET NUMBER: AR20140002315 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 that her foreign service in Korea be reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that her DD Form 214 does not reflect her service in Korea. 3. The applicant provides no additional documents with her application. 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 14 November 1996 for a period of 4 years and training as a medical specialist. She completed her basic training at Fort Leonard Wood, Missouri and her advanced individual training at Fort Sam Houston, Texas before being transferred to Korea on 23 April 1997. 3. She departed Korea on 19 April 1998 after serving 11 months and 27 days of foreign service and was transferred to Fort Sill, Oklahoma where she remained until she was honorably discharged on 1 October 1999. 4. Her DD Form 214 issued at the time of her discharge shows in item 12a that she entered active duty this period on “1997 01 17”; that she served 2 years, 8 months, and 15 days of net active service this period in item 12c; and that she served “0000 00 00” of foreign service in item 12f. Item 18 shows, in part, “Period of Delayed Entry Program: 19960830 – 19970117.” 5. 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 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. 6. Army Regulation 635-5 (Personnel Separations - Separation Documents) ast the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that her foreign service is not reflected on her DD Form 214 has been noted and found to have merit. The applicant served 11 months and 27 days of foreign service and that service should be entered in item 12f of her DD Form 214. 2. As a result of her service in Korea, she is also entitled to award of the KDSM and to have that award added to her DD Form 214. 3. Additionally, while the applicant does not raise the issue, she enlisted in the Regular Army on 14 November 1996; however, her DD Form 214 reflects that she entered active duty on 17 January 1997 and at the time of her discharge she had served 2 years, 8 months, and 15 days of active service when in fact she had served 2 years, 10 months, and 18 days of active service. Accordingly, item 12a should be corrected to show “1996 11 14” and item 12c should be corrected to show “0002 10 18.” Further, item 18 should be corrected to show “Period of Delayed Entry Program: 19960830 – 19961113.” BOARD VOTE: ___x____ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the entry “1997 01 17” from item 12a of her DD Form 214 * Deleting the entry “0002 08 15” from item 12c of her DD Form 214 * Deleting the entry “0000 00 00” from item 12f of her DD Form 214 * Deleting the entry “Period of Delayed Entry Program: 19960830 – 19970117” from item 18 of her DD Form 214 * Adding the entry “1996 11 14” to item 12a of her DD Form 214 * Adding the entry “0002 10 18” to item 12c of her DD Form 214 * Adding the entry “0000 11 27” to item 12f of her DD Form 214 * Adding the entry “Period of Delayed Entry Program: 19960830 – 19961113” to item 18 of her DD Form 214 * Adding the KDSM to item 13 of 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) AR20140002315 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002315 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1