IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017341 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 IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017341 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 showing he is authorized the Korean 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 correcting his DD Form 214 to show his tour of duty in the ROK or award of the Korean Service Medal. _____________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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017341 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) by showing: * his tour of duty in the Republic of Korea (ROK) * award of the Korean Service Medal (KSM) (in effect the Korean Defense Service Medal) 2. The applicant states his DD Form 214 does not show award of the KSM or his tour of duty in the ROK. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to the DD Form 214) * Orders 1-45, Fort Lewis, Washington, dated 5 January 1987 * Permanent Orders 305-102, 199th Personnel Service Company, dated 17 December 1987 * Orders 035-6, 516th Personnel Service Company, dated 22 February 1988 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. On 30 April 1985, the applicant enlisted in the Regular Army. 3. On 15 January 1987, the applicant departed Fort Lewis, Washington for a tour of duty in the ROK. He served in the ROK from 19 February 1987 to 10 March 1988, until he departed the ROK and returned to the United States. 4. On 10 March 1988, the applicant was honorably released from active duty. He completed 2 years, 10 months, and 11 days of active service and 1 year and 21 days were served in the ROK. 5. The applicant’s DD Form 214 shows he was authorized the following awards: * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Army Lapel Button * Marksman Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides: a. The KSM is awarded to Soldiers who performed duty on permanent assignment; on temporary duty for 30 consecutive days, or 60 nonconsecutive days; or were in active combat against the enemy and were awarded a combat decoration or an individual certificate by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit. The regulation states that the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954, under any of the following conditions: b. The KDSM was authorized by Section 543, National Defense Authorization Act, 2003. It 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 ROK. The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the ROK, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days. 2. Army Regulation 635-5 (Separation Documents), as in effect at the time of the applicant’s military service, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. It did not authorized entries of foreign service tours. 3. Army Regulation 635-5, as in effect subsequent to the applicant’s military service, required deployments be documented in the remarks section. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected by showing his tour of duty in the ROK and award of the KSM. 2. The available evidence shows the applicant served in the ROK on a normal tour of duty. Accordingly, there were no provisions for showing such duty on the DD form 214. 3. The applicant served in the ROK from 1987 through 1988, which is a qualifying period for award of the KDSM, but not the KSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017341 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017341 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2