IN THE CASE OF:	  

		BOARD DATE:	  14 January 2016

		DOCKET NUMBER:  AR20150004486 


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 and award of the Korea Defense Service Medal (KDSM) and all other authorized awards for his service in Korea.

2.  The applicant states:

* his dates of service in Korea are not shown on his DD Form 214, only his foreign service
* he served with Company B, 1st Battalion, 9th Infantry Regiment, along the demilitarized zone from December 1984 to February 1985
* credit for service in Korea was never given or entered on the DD Form 214 at the time of his discharge

3.  The applicant provides:

* Expert Infantryman Badge orders
* Army Achievement Medal orders
* Imjin Scout Insignia Certificate
* 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 18 April 1984 and trained as an infantryman.

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea from 8 August 1984 to 7 August 1985 (a period of 1 year).

4.  On 25 February 1987, he was honorably released from active duty.

5.  His DD Form 214 shows he was awarded or authorized the:

* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Army Achievement Medal
* Jungle Expert Badge
* Army Lapel Button 

6.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year of foreign service.

7.  His DD Form 214 also shows his last duty assignment and major command as Company C, 1st Battalion, 505th Infantry Regiment, U.S. Forces Command.

8.  A DD Form 215 (Correction to DD Form 214), dated 30 March 2015, added award of the KDSM to his DD Form 214.  This portion of his request will not be discussed further in these proceedings.

9.  There is no evidence of record showing he is authorized any additional awards for his service in Korea.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214.  There was no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his duty assignment in Korea.

2.  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.  His dates of service in Korea are properly shown on his DA Form 2-1.

3.  Since there is no evidence of record showing he is authorized any additional awards for his service in Korea, there is no basis for adding any awards to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20150004486



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ABCMR Record of Proceedings (cont)                                         AR20150004486



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