BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015013 BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015013 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 adding the Korea Defense Service Medal to the applicant's DD Form 214 for the period ending 31 July 1998. ____________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. BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015013 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), for the period ending 31 July 1998, to show his foreign service in the Republic of Korea. 2. The applicant states his foreign service in the Republic of Korea is not shown on his DD Form 214; this correction would assist him in his pursuit of federal employment. 3. The applicant provides no additional evidence in support of his request. 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 11 July 1978. He completed initial entry training and was awarded military occupational specialty (MOS) 62B (Construction Equipment Repairer). The highest rank/grade he attained during his period of active service was staff sergeant (SSG)/E-6. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. Item 5 (Oversea Service), he served in the following foreign countries for 7 years, 7 months, and 11 days: * Federal Republic of Germany, from 24 May 1980 through 28 December 1984, for 4 years, 7 months, and 5 days * Republic of Korea, from 29 May 1989 through 28 May 1990, for 1 year * Republic of Panama, from 6 September 1993 through 11 September 1995, for 2 years b. Item 35 (Record of Assignments), he served with Headquarters and Headquarters Company and Company A, 44th Engineer Battalion, during his service in the Republic of Korea. 4. The applicant was honorably retired from the Army on 31 July 1998. His DD Form 214 shows in: a. item 12f (Foreign Service), the entry "0007 07 11," meaning he was credited with 7 years, 7 months, and 11 days of foreign service; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the absence of the Korea Defense Service Medal; and c. item 18 (Remarks), the absence of an entry indicating he deployed with his unit in support of any named operations. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release form active duty. This DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of separation. The instructions stated: a. item 12f will list the total amount of foreign service completed during the period covered in item 12c (Net Active Service this Period); b. item 13 will list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and c. item 18 will be used for Headquarters, Department of Army mandatory requirements when a separate block is not available and as a continuation for entries in items 11 (Primary Specialty), 13, and 14 (Military Education). (1) For a Soldier retiring for length of service, enter "SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY." (2) 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 to which deployed) FROM (inclusive dates, for example: YYYYMMDD-YYYYMMDD)." 2. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION: 1. The applicant's record indicates he was stationed in the Republic of Korea as a permanent change of station tour from on or about 29 May 1989 through on or about 28 May 1990. Item 12f of his DD Form 214 appears to accurately reflect his combined foreign service of 7 years, 7 months, and 11 days in the Federal Republic of German, the Republic of Korea, and the Republic of Panama. Per the governing regulation, there is no other allowance for the annotation of his service in the Republic of Korea on the DD Form 214. 2. However, as a service to the applicant, by virtue of his successful completion of an overseas tour in the Republic of Korea, he is authorized award of the Korea Defense Service Medal. This award is not shown on his DD Form 214. The entry of this service award, along with this Record of Proceedings, may be used to confirm his foreign service in the Republic of Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015013 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015013 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2