IN THE CASE OF: BOARD DATE: 27 September 2011 DOCKET NUMBER: AR20110005837 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 the Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests item 14 (Military Education) of his DD Form 214 be amended to show he completed the Military Customs Inspector (MCI) Course, Law Enforcement Command Certification Course, and Radar Operation Course. 2. The applicant states: * His records should reflect all awards issued * All of his military education should be reflected 3. The applicant provides: * Letter, dated 9 March 2011, from the National Personnel Records Center * Three certificates of training * DA Form 2-1 (Personnel Qualification Record) * DD Form 214 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. He enlisted in the Regular Army on 4 August 1993. He completed his training and was awarded military occupational specialty 95B (military police). On 3 August 1998, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the KDSM as an authorized award. Item 12f (Foreign Service) of his DD Form 214 shows he served 1 year of foreign service. Item 14 of his DD Form 214 shows he completed the 11-week Military Police Course in December 1993. 4. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Korea from 13 December 1993 through 12 December 1994. 5. He provided an undated certificate of training which shows he completed the MCI Course. 6. A certificate of training shows he completed the 40-hour Law Enforcement Command Certification Course on 27 January 1995. 7. A certificate of training shows he completed the 16-hour Radar Operation Course on 25 January 1995. 8. Army Regulation 600-8-22 (Military Awards) states the KDSM 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. DISCUSSION AND CONCLUSIONS: 1. He served a period of qualifying service for award of the KDSM. His DD Form 214 should be corrected to show this medal. 2. Since the duration of the MCI Course is unknown, there is an insufficient basis for granting the applicant's request to show this training course at this time. 3. Evidence shows he completed the 40-hour Law Enforcement Command Certification Course on 27 January 1995. His DD Form 214 should be corrected accordingly. 4. Evidence of record shows the applicant completed the 16-hour Radar Operation Course in January 1995. However, the governing regulation states training courses successfully completed during the period of service covered by title, length in weeks (i.e., at least 40 hours), and year completed would be listed in item 14 on the DD Form 214. Therefore, there is no basis for granting the applicant’s request to show this training on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ 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: a. adding the KDSM in item 13 on this DD Form 214; and b. adding the entry "Law Enforcement Command Certification Course, 1 week, 1995" in item 14 on this 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 amending item 14 of his DD Form 214 to show he completed the MCI Course or Radar Operation Course. _______ _ __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) AR20110005837 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005837 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1