BOARD DATE: 22 March 2018 DOCKET NUMBER: AR20160012167 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 22 March 2018 DOCKET NUMBER: AR20160012167 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. 2. The Board further determined 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 showing his foreign service in Korea and Germany. __________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. BOARD DATE: 22 March 2018 DOCKET NUMBER: AR20160012167 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 foreign service in Korea and Germany. 2. The applicant states he served in both countries but neither are documented on his DD Form 214. 3. The applicant provides a copy of his 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. The applicant enlisted in the Regular Army on 18 June 1984. 3. His record contains a DA Form 2-1 (Personnel Qualification Record). Item 5 (Oversea Service) shows he served in Korea for the period 26 November 1984 to 27 November 1985 and in Germany for the period 28 July 1989 to 15 October 1991. 4. On 12 August 1995, he was honorably discharged. His DD Form 214 shows he completed 3 years, 2 months and 20 days of foreign service. He was awarded or authorized the: * Army Achievement Medal (5th Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal * Army Lapel Button * Humanitarian Service Medal * Noncommissioned Officer's Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Expert Marksmanship Badge with Rifle and Grenade Bars * Driver and Mechanic Badge REFERENCES: 1. 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. 2. 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)." Army Regulation 635-5 does not provide for listing permanent change of station (PCS) moves on the DD Form 214. DISCUSSION: 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 tours of duty in Korea and Germany were not deployments, but rather PCS moves. 2. However, the evidence of record shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal, which is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012167 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012167 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2