IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160019199 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: AR20160019199 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 item 13 and the entry, "Introduction to Rappelling and Mountaineering 1 week (May 1991)" to her DD Form 214. 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 any relief in excess of that described above. __________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: AR20160019199 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and decorations she is entitled and notes the Gulf War during the period 1990-1992. She further requests her 3-month service as Secretary to the Battalion Commander, 122nd Signal Battalion and a 1-week rappelling course be listed on the form. 2. The applicant states, in effect, the incomplete information on her DD Form 214 is preventing her from gaining government employment by Department of Veterans Affairs Human Resources personnel. 3. The applicant provides a copy of her 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 13 March 1990. She completed training and she was awarded military occupational specialty (MOS) 92A (Equipment Records and Parts Specialist). Her records do not contain orders which show she was awarded a Human Resources MOS and she provides no evidence which shows she ever received orders awarding her a Human Resources MOS. 3. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record) shows she served in Korea for the period 27 September 1990 to 9 March 1992. 4. Her records contain a Department of the Army Certificate of Training which shows she successfully completed the Introduction to Rappelling and Mountaineering course during the period 6 -13 May 1991, in Cheju-Do, Korea. 5. She was honorably released from active duty on 30 July 1992. She completed 2 years, 4 months and 18 days net active service during this period with 1 year, 5 months and 13 days foreign service. The DD Form 214 she was issued shows she was authorized the: * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Lapel Button 6. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. The Desert Shield/Storm Data Base does not show the applicant served in Southwest Asia. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for: a. item 11 (Primary Specialty), list number, title and years and months in specialty. List additional specialty numbers and titles involving periods of one or more years. b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Do not use abbreviations. c. item 14 (Military Education), show the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed. 2. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) was established by the National Defense Authorization Act of 2003, Public Law 107-314. It 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. The criteria for this award is a Soldier must have been assigned, attached or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days. DISCUSSION: 1. The applicant did not provide and her official military personnel file does not contain any evidence she served in Southwest Asia, and she is not listed in the Desert Shield/Storm Data Base showing she served in Southwest Asia. 2. The evidence of record shows the applicant completed the 1-week Introduction to Rappelling and Mountaineering course in May 1991, which is not shown on her DD Form 214. 3. Based on her service in Korea, the applicant completed a period of qualifying service for award of the KDSM. This award is not listed on her DD Form 214. 4. The applicant claims she performed duties as a secretary for 3 months; however, the applicant provided no evidence to support this contention and there is no evidence in her records which show she was ever awarded a human resources MOS. In addition, the applicable regulation states to list additional specialty numbers and titles involving periods of one or more years. Therefore, item 11 of her DD Form 214 does not appear to be erroneous. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019199 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019199 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2