IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009855 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009855 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army of the individual concerned be corrected by: * deleting from item 18 of his DD Form 214 the entry "Service in Southwest Asia 19971209-19971212" and adding the entry "Service in Southwest Asia 19970922-19971212" * adding to his DD Form 214 the Korea Defense 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: 3 May 2016 DOCKET NUMBER: AR20150009855 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) to show he served in Southwest Asia from 22 September through 12 December 1997. 2. The applicant states, in effect, someone entered the wrong dates on his DD Form 214. It has been difficult for him to obtain assistance from the Department of Veterans Affairs because his DD Form 214 only reflects 3 days of Southwest Asia service. 3. The applicant provides copies of pages 2 and 4 of his DA Form 2-1 (Personnel Qualification Record – Part II), a Certificate of Appreciation, and page 1 of a DA Form 638 (Recommendation for Award). 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 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 insufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army on 21 October 1980 and he held military occupational specialty 92G (Food Service Specialist). He served in: * Germany from 15 July 1982 through 12 October 1983 * Korea from 19 March 1986 through 31 January 1987 * Germany from 24 April 1989 through 1 April 1992 * Kuwait (Southwest Asia) from 22 September through 12 December 1997 3. Item 27 (Remarks) of his DA Form 2-1 contains the entry "Duty in imminent danger area pay – 970922-971212 Kuwait." 4. He provides copies of a Certificate of Appreciation awarded for outstanding work in Kuwait from September through December 1997 and page 1 of a DA Form 638, dated 7 January 1999, showing in Achievement #2 service in Kuwait from 22 September 1997 through 17 December 1997. 5. He served continuously on active duty through several reenlistments until he retired on 31 October 2000. Item 18 (Remarks) of his DD Form 214 lists the entry "Service in Southwest Asia: 19971209-19971212." REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It states the DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. The regulation stated item 18 – for active duty Soldiers deployed with their units would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD –YYYYMMDD)." 2. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is awarded to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days. DISCUSSION: 1. There is sufficient evidence showing the Southwest Asia services dates listed on the applicant's DD Form 214 are incorrect. 2. He completed a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 does not list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009855 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009855 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2