IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000363 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: 2 May 2017 DOCKET NUMBER: AR20160000363 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 records of the individual concerned be corrected by adding the Korea Defense Service Medal to item 13 of his DD Form 214 for period of service ending 31 July 2004. ___________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: 2 May 2017 DOCKET NUMBER: AR20160000363 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 his service in Korea and the appropriate medal for serving in Korea. 2. The applicant states the record is in error because it does not reflect his tour in Korea or the appropriate medal for serving in Korea. 3. The applicant provides: * DD Form 214 * DA Form 2A (Personnel Qualification Record – Part I) * DA Form 2-1 (Personnel Qualification Record – Part II) * Permanent Orders (PO) Number 82-533 and 249-1 (Army Commendation Medal) 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. Having had prior service, the applicant reenlisted in the Regular Army (RA) on 8 July 1974 and he held military occupational specialties 16P/S (Chaparral Crewman) and 00R (Recruiter). 3. He served through multiple reenlistments in a variety of stateside or overseas assignments, as indicated below, and he attained the rank/grade of command sergeant major (CSM)/E-9. * Germany, November 1974 to July 1979 * Korea, March 1981 to March 1982 * Saudi Arabia, August 1990 to March 1991 * Germany, January 1992 to January 1994 * Saudi Arabia, July to December 1999 4. He retired on 31 July 2004 and he was placed on the retired list in his retired rank/grade of CSM/E-9 on 1 August 2004. His DD Form 214 for this period of service shows he completed over 27 years of active service. This form also shows in: * Item 12f (Foreign Service) 8 years, 7 months, and 14 days * Item 13 (Decorations Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Legion of Merit * Meritorious Service Medal (6th Award) * Army Commendation Medal (6th Award) * Army Achievement Medal (2nd Award) * Military Outstanding Volunteer Service Medal * Army Good Conduct Medal (10th Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Southwest Asia Service Medal with 2 bronze service stars * NCO Professional Development Ribbon with Numeral 4 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Kuwait Liberation Medal * Kuwait Liberation Medal (Kuwait) * Air Assault Badge * Driver and Mechanic Badge with Driver-W bar * U.S. Army Basic Recruiter Badge * Item 18 (Remarks), in part, "Service in Southwest Asia 19900827-19910327, 19990721-19991214" 5. The applicant provides his DA Forms 2A and 2-1 as well as PO showing award of the Army Commendation Medal for service in Korea. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 12f, enter the total foreign service completed outside the continental United States during the period covered by the DD Form 214 * item 13, enter all awards, decorations, and badges * item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" 2. 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 have 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. DISCUSSION: 1. The evidence of record shows the applicant served in Korea from March 1981 to March 1982, a period of 1 year. The regulation in effect at the time required that an entry be placed in item 12f showing the total foreign service completed outside the continental United States during the period covered by the DD Form 214. His foreign service is captured in item 12f of his DD Form 214. 2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. There was no provision to list a specific overseas permanent duty station, such as Korea, Germany, Italy, etc., on the DD Form 214. The applicant may use this Record of Proceedings to confirm his service in Korea. 3. He served a qualifying period for award of the Korea Defense Service Medal; he is eligible for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000363 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000363 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2