IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004033 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) ending on 21 May 1988 to show his service in Korea. 2. The applicant states he completed two periods of active service. His first enlistment was from 27 December 1974 to 13 December 1976. He then served on active duty from 8 January 1980 to 21 May 1988. Since his 1988 discharge, President Bush awarded Korean veterans the Korea Defense Service Medal. His DD Form 214 from his second enlistment does not reflect his foreign service from his first enlistment. 3. The applicant provides his DD Form 214 (Report of Separation from Active Duty) for the period from 27 December 1974 to 13 December 1976. 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 27 December 1974 and he held military occupational specialty (MOS) 31M (Multi-Channel Communications Equipment Operator). 3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 19 August 1975 to 10 December 1976 and he was credited with an overseas tour. 4. He was honorably released from active duty on 13 December 1976. His DD Form 214 for this period of service shows he completed 1 year, 11 months, and 17 days of active duty. His DD Form 214 shows in: a. Item 18f (Foreign and/or Sea Service This Period), the entry "01-03-22" indicating he completed 1 year, 3 months, and 22 days of foreign service during this period. b. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. c. Item 27 (Remarks), the entry "Last County of Overseas Assignment: Korea." 5. He enlisted in the U.S. Army Reserve on 19 September 1979. He then enlisted in the Regular Army on 8 January 1980. He held MOS 92B (Medical Laboratory Specialist). 6. He served in Hawaii from 13 December 1981 to 10 December 1984, a period of 2 years, 11 months, and 28 days, and he was credited with an overseas tour. 7. He was honorably discharged from active duty (Early Transition Program) in the rank/grade of sergeant/E-5 on 21 May 1988. His DD Form 214 for this period shows he completed 8 years, 4 months, and 14 days of active duty. His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214) shows in: a. Item 12f (Foreign Service) shows the entry "02-11-28" indicating he completed 2 years, 11 months, and 28 days of total foreign service during this period. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Overseas Service Ribbon (2nd Award), Humanitarian Service Medal, National Defense Service Medal, NCO Professional Development Ribbon with Numeral 2, Army Commendation Medal (1st Oak Leaf Cluster), Army Good Conduct Medal (3rd Award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The version of the regulation in effect at the time of his separation in 1988 stated for item 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period). 9. Army Regulation 600-8-22 (Military Awards) states that 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 and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Korea from 19 August 1975 to 10 December 1976, a period of 1 year, 3 months, and 22 days. This period of foreign service is captured in item 18f of his DD Form 214 which reflects his total active duty service outside the continental limits of the United States and the country (Korea) in item 27. 2. He then served on active duty from 8 January 1980 to 21 May 1988 and he was issued a separate DD Form 214 that captured this active service period. During this period of active service, he served in Hawaii; he did not serve in Korea. The regulation in effect at the time provided for an entry in item 12f of the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. His service in Korea was not performed during the period covered by this DD Form 214. His foreign service in Korea is not authorized to be entered onto this DD Form 214. 3. His service in Korea from 19 August 1975 to 10 December 1976 qualifies him for award of the Korea Defense Service Medal which is not listed on his DD Forms 214. 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 to his DD Form 214 for the period ending on 21 May 1988, the 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 his Korea foreign service to his DD Form 214 ending on 21 May 1988. _______ _ __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) AR20150004033 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004033 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1