BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150006059 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 and award of the Korea Defense Service Medal. 2. The applicant states he needs his deployment to Korea documented to show he is authorized award of the Korea Defense Service Medal. 3. The applicant provides no additional evidence. 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. Following prior enlisted service in the Indiana Army National Guard, the applicant enlisted in the Regular Army on 29 March 1983 for a period of 3 years and assignment to the 25th Infantry Division, Schofield Barracks, Hawaii. 3. His records show he was assigned to Company A and Combat Support Company, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division, Schofield Barracks, Hawaii, from 21 July 1983 through 23 May 1986 (2 years, 10 months, and 3 days). 4. On 27 May 1986, he was honorably released from active duty under the Fiscal Year 1986 Early Release Program. 5. Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 3 years, 1 month, and 29 days of net active service during this period. Item 12f (Foreign Service) shows he completed 2 years, 10 months, and 2 days of foreign service. 6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Korea Defense Service Medal as an authorized award. 7. His records are void of evidence showing he deployed to Korea during his assignment to the 1st Battalion, 5th Infantry Regiment, in Hawaii. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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 60 nonconsecutive days or meet several criteria, including being engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or being wounded or injured in the line of duty and requiring medical evacuation from the area of eligibility. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 12f stated to enter the total amount of foreign service completed during the period covered in item 12c. There was no provision for recording deployments on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's records are void of evidence showing he deployed to Korea during his assignment to the 1st Battalion, 5th Infantry Regiment, in Hawaii. Further, there was no provision for recording deployments on the DD Form 214 at the time of his release from active duty in 1986. 2. In the absence of evidence showing he performed active duty service in support of the defense of the Republic of Korea in the area of eligibility for 30 consecutive or 60 nonconsecutive days, there is no basis for adding award of the Korea Defense Service Medal 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) AR20150006059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1