IN THE CASE OF: BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160012455 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 IN THE CASE OF: BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160012455 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 to his DD Form 214 for the period ending 30 November 1991. 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 amending item 12a of his DD Form 214 for the period ending 30 November 1991. ___________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: 9 May 2018 DOCKET NUMBER: AR20160012455 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) for the period ending 30 November 1991 to show: a. he entered active duty on 15 November 1971 and b. award of the Korea Defense Service Medal (KDSM). 2. The applicant states he entered active duty on 15 November 1971 and he served in Korea from 15 February 1976 to 14 March 1977. 3. The applicant provides a copy of his DD Form 214 for the period ending 30 November 1991. 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 15 November 1971 for a period of 3 years. He was honorably discharged on 12 June 1974 for the purpose of immediate reenlistment. The available records do not contain a DD Form 214 covering the period 15 November 1971 through 12 June 1974. 3. He reenlisted on 13 June 1974 for a period of 4 years. 4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea from 20 February 1976 through 19 March 1977. 5. He was honorably discharged on 5 April 1978 for the purpose of immediate reenlistment. The available records do not contain a DD Form 214 covering the period 13 June 1978 through 5 April 1978. 6. He reenlisted on 6 April 1978 and he remained on active duty through continuous reenlistments until he retired on 30 November 1991. 7. His DD Form 214 for the period ending 30 November 1991 shows: * he entered this period of active duty on 6 April 1978 * he completed 13 years, 7 months, and 25 days of net active service during this period * he completed 6 years, 4 months, and 21 days of prior active service * no award of the KDSM REFERENCES: 1. 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and specified that for item 12a (Date Entered Active Duty This Period), data sources are enlistment contracts, initial orders to active duty, active duty orders, and previously-issued DD Forms 214. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued. DISCUSSION: 1. The applicant contends his DD Form 214 for the period ending 30 November 1991 should be corrected to show he entered active duty on 15 November 1971. 2. The evidence of record shows he enlisted in the Regular Army on 15 November 1971 and he was discharged on 12 June 1974 for the purpose of immediate reenlistment, which should be shown on his DD Form 214 for the period ending 12 June 1974. Although there is no DD Form 214 for this period in his Official Military Personnel File, administrative regularity is presumed. 3. He immediately reenlisted on 13 June 1974 and he was discharged on 5 April 1978 for the purpose of immediate reenlistment, which should be shown on his DD Form 214 for the period ending 5 April 1978. Although there is no DD Form 214 for this period in his Official Military Personnel File, administrative regularity is presumed. 4. He immediately reenlisted on 6 April 1978 and he retired on 30 November 1991, which is properly shown on his DD Form 214 for the period ending 30 November 1991. 5. He served a period of qualifying service for award of the KDSM. His DD Form 214 for the period ending 30 November 1991 does not 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) AR20160012455 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012455 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2