IN THE CASE OF: BOARD DATE: 24 September 2015 DOCKET NUMBER: AR20150002648 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea. 2. The applicant states, in effect, his record should be corrected to show award of the Korea Defense Service Medal. He claims this small omission is preventing him from qualifying for government positions with a point preference. 3. The applicant provides: * a self-authored statement * DD Form 214 * Standard Form 558 (Emergency Care and Treatment) * DA Form 4700 (Medical Record – Supplemental Medical Data) * 5 DA Forms 5181-R (Screening Note of Acute Medal Care) 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 30 July 1987. 3. His record contains a DA Form 2-1 (Personnel Qualification Record). Item 5 (Oversea Service) showing he served in Korea for the period 24 April 1990 to 25 November 1991. 4. On 28 July 1995, he was honorably discharged upon the completion of his required active service. His DD Form 214 shows he completed 1 year, 7 months and 2 days of foreign service and he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Army Lapel Button * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Badge with Rifle and Hand Grenade Bars 5. The applicant provides several medical documents showing he received medical treatment while serving in Korea during the period in question. 6. Army Regulation 600-8-22 (Military Awards) states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. It states: 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 Deployed) From (Inclusive Dates for Example, YYYYMMDD - YYYYMMDD)." 8. Army Regulation 635-5 does not provide for listing permanent change of station (PCS) moves on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The Army regulation governing the preparation of separation documents at the time of the applicant's discharge only provides for annotating deployed service on a Soldier's DD Form 214. His tour of duty in Korea was not a deployment, but rather a PCS move. 2. However, the evidence of record shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal, which may be added to 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 adding the Korea Defense Service Medal 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 correcting his DD Form 214 to show his foreign service in Korea. _______ _ _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) AR20150002648 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002648 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1