RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2008 DOCKET NUMBER: AR20070016969 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. Frank C. Jones Chairperson Ms. Carmen Duncan Member Mr. Scott W. Faught Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in three separate applications, that the Korea Defense Service Medal and the Driver’s Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that his separation code (i.e., the separation program designator (SPD)) on his DD Form 214 be changed. 2. The applicant states that he has orders for the Korea Defense Service Medal; that he was awarded the Driver’s Badge; and that a 1992 message noted that his SPD was wrong and this has caused continuous problems with his income taxes. 3. The applicant provides a letter, dated 14 September 2007, from the National Personnel Records Center noting, in part, that he was authorized the Korea Defense Service Medal; orders awarding him the Driver’s Badge (W); and a computerized letter, postmarked 26 January 1993. 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 27 October 1976. 3. The applicant served in Korea from on or about 9 February 1977 through on or about 8 February 1978 and from on or about 25 October 1979 through on or about 9 December 1980. 4. Headquarters, 72d Ordnance Battalion Permanent Orders 34-5, dated 29 July 1991, awarded the applicant the Driver’s Badge (W). 5. Effective 18 November 1991, the applicant was selected for the Qualitative Management Program and received a Headquarters, Department of the Army Bar to Reenlistment. He was informed that if he did not appeal the bar he would be separated under the provisions of Army Regulation 635-200, paragraph 16-8 within 90 days. On 25 November 1991, he requested discharge. 6. On 18 February 1992, the applicant completed a DA Form 4187 (Personnel Action) agreeing to serve in the U. S. Army Reserve for a period of not less than 3 years as a condition for his receiving separation pay. However, he also acknowledged that he understood that if he was otherwise qualified for separation pay and it was determined that he was not qualified for enlistment (in the U. S. Army Reserve) he would be considered to have met that condition. 7. On 18 February 1992, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8 with a narrative reason for separation of Reduction in Strength-Qualitative Early Transition Program with half separation pay. He was given an SPD of JCC. His DD Form 214 does not show he was awarded the Driver’s Badge (W) or the Korea Defense Service Medal. 8. The applicant provided a computerized letter, dated 26 January 1993, to the Defense Finance and Accounting Service from Julie R___, with an unknown agency. The letter stated in part, “IN JULY OF 92 A (sic) E-MAIL MESSAGE WAS SENT THAT SM SPD CODE WAS INCORRECT, AND TO PLEASE ADJ SPD CODE TO READ J10, SM IS ENTITLED TO HALF SEP.PAY. PLEASE ADJ.ACCT. A.S.A.P. FOR SM HAS RECIEVED (sic) NEW DEBT LETTER.” 9. Army Regulation 600-8-22 states the Korea Defense Service Medal is awarded to service members of the armed forces who served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense. 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 areas. Service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. 10. Army Regulation 635-5-1 (Separation Program Designators (SPD)), both the version in effect at the time (effective 19 October 1982), a later version (effective 1 October 1993), and the current version (effective 1 January 2001) state that SPD JCC denotes separation under the provisions of Army Regulation 635-200, paragraph 16-8 (later changed to paragraph 16-7), Reduction in Authorized Strength. All three versions show SPDs for all categories of separation as consisting of three alpha characters. DISCUSSION AND CONCLUSIONS: 1. The applicant was awarded the Driver’s Badge (W). He served in Korea and met the eligibility criteria for award of the Korea Defense Service Medal. These two awards should be added to his DD Form 214. 2. The applicant provided a computerized letter, dated 26 January 1993, that referred to a July 1992 e-mail and that stated his SPD was incorrect and should have read J10. A copy of that e-mail is not available, and it is noted that SPD J10 was not and is not currently a valid SPD. Without having that July 1992 e-mail to consider, it is presumed that he was properly given an SPD of JCC. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __fcj___ __cd____ __swf___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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 the Korea Defense Service Medal and the Driver’s Badge (W) to his DD Form 214. 2. The Board further determined that 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 changing his SPD. __Frank C. Jones______ CHAIRPERSON INDEX CASE ID AR20070016969 SUFFIX RECON DATE BOARDED YYYYMMDD TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 110.04 2. 110.00 3. 4. 5. 6.