IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160017384 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: 22 August 2018 DOCKET NUMBER: AR20160017384 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 to the applicant's DD Form 214 (Certificate of Release or Discharge), at item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), 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 including an entry of the country of his foreign service on the DD Form 214. __________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: 22 August 2018 DOCKET NUMBER: AR20160017384 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 30 September 2015 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award, at item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Korea Defense Service Medal and, at item 18 (Remarks), his dates of service in Korea. 2. The applicant states he served in Korea for more than 30 days and his DD Form 214 shows his Korean service at item 12f (Foreign Service). 3. The applicant provides copies of: * an Army Commendation Medal certificate * Army Human Resources Command Order Number HR-530-00024 * 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. On 30 January 2015 U.S. Army Human Resources Command ordered the applicant to active duty for Operational Support under provision of Section 12301(d), Title 10, United States Code for a period of 242 days with a reporting date of 1 February 2015 and ending date of 30 September 2015. The orders provided the purpose as for operational support as a Judge Advocate General legal assistance attorney, Camp Henry, South Korea. 3. On 4 September 2015, the applicant was awarded the Army Commendation Medal for his service with the Headquarters and Headquarters Company, 19th Expeditionary Sustainment Command for the period 3 February 2015 through 30 September 2015. 4. His 30 September 2015 DD Form 214 shows: a. at item 12f (Foreign Service), 8 months of foreign service; b. at item 13, no indication of award of the Korea Defense Service Medal; and, c. no entry as to the location of his foreign service. 5. The available Officer Record Brief (ORB), issued 31 August 2015, does not include any reference to his period of service in Korea. REFERENCES: 1. Army Regulation 600𤾄2 (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 from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 2. Army Regulation 635-5 (Separation Documents), dated 10 February 2014, prescribes separation processing, DD Form 214 processing, and other separation documents. It states: a. For item 12f (Foreign Service), enter the total amount of service performed outside the continental United States during the period covered in item 12c. b. For Reserve Component (RC) Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following three statements in succession. 1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)." 2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)." 3. The Dictionary of Military and Associated Terms, US Department of Defense, 2005, defines a contingency operation as a military operation that is either designated by the Secretary of Defense as a contingency operation or becomes a contingency operation as a matter of law (10 United States code (USC) 101[a][13]). It is a military operation that: a. is designated by the Secretary of Defense as an operation in which members of the Armed Forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing force; or b. is created by definition of law, under 10 USC 101 (a)(13)(B), a contingency operation exists if a military operation results in the: 1) callup to (or retention on) active duty of members of the uniformed Services under certain enumerated statutes (10 USC Sections 688, 12301(a), 12302, 12304, 12305, 12406, or 331-335); and 2) the callup to (or retention on) active duty of members of the uniformed Services under other (non-enumerated) statutes during war or national emergency declared by the President or Congress. DISCUSSION: 1. The applicant meets the eligibility criteria for award of the Korea Defense Service Medal having served in Korea in excess of 30 consecutive days. 2. The applicant voluntarily accepted operational support active duty orders to serve in Korea for the period from 1 February 2015 through 30 September 2015. This period of foreign service is recorded in item 12f (Foreign Service) as 8 months. 3. The applicant's period of service in Korea does not meet the criteria of being a contingency operation. Therefore, the criteria for inclusion of an entry showing the country in which he served is not met. 4. There is no provision for entering the location (country) for a non-contingency operations foreign service on the DD Form 214. Recording of this service should be in the assignments section of his ORB. The applicant should address the updating of his ORB with his administrative support office. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017384 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017384 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2