BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017153 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____x___ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017153 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was 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 award of the Korea Defense Service Medal to her DD Form 214 for the period ending 15 August 1980. 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 showing she served in Korea on her DD Form 214 for the period ending 15 August 1980. _____________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: 11 April 2017 DOCKET NUMBER: AR20150017153 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 August 1980 to show she served in Korea. 2. The applicant states this DD Form 214 does not indicate she served in Korea as indicated on her DA Form 2-1 (Personnel Qualification Record – Part II). 3. The applicant provides the following: * DA Form 2-1 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 May 1971 * DD Form 214 (Report of Separation from Active Duty) for the period ending 15 August 1974 * DD Form 214 for the period ending 15 August 1980 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army on 28 May 1968 and she held military occupational specialty (MOS) 71L (Administrative Specialist). She was honorably discharged on 19 May 1971. She completed 2 years, 11 months, and 22 days of active service. 3. She enlisted in the Regular Army again on 17 August 1971 and reenlisted on 16 August 1974. She held MOSs 71L and 84B (Still Photographic Specialist). 4. Section 5 (Overseas Service) of her DA Form 2-1 shows she served in Korea from 11 September 1978 to 9 August 1979. 5. She was honorably discharged on 15 August 1980. She completed a total of 11 years, 11 months, and 21 days of active service during this period. Her DD Form 214 lists in: * item 12f (Foreign Service) – 10 months and 28 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Drill Sergeant Identification Badge, and Army Good Conduct Medal (3rd Award) REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The instructions for item 12f would list credit for all foreign service completed during the period covered by the DD Form 214. At the time, there was no provision for posting the country in which foreign service was performed on the DD Form 214. 2. 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 60 nonconsecutive days. DISCUSSION: 1. The applicant's service in Korea qualifies her for award of the Korea Defense Service Medal that is not listed on her 1980 DD Form 214. 2. While the evidence does confirm she served in Korea, there were no provisions for entering the location of one's overseas service on an individual's DD Form 214 at the time of her discharge in 1980. Item 12f of her 1980 DD Form 214 appropriately reflects her service outside the continental limits of the United States for the period covered. She may use this Record of Proceedings as evidence of her service in 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) AR20150017153 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017153 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2