BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170006166 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: 24 October 2018 DOCKET NUMBER: AR20170006166 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. 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. BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170006166 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 list his 11 months and 25 days duty in Camp Red Cloud Army Base, Uijeongbu, Korea. 2. The applicant states he was stationed at Camp Red Cloud Army Base, Korea for 11 months and 25 days; however, his DD Form 214 does not list the duty location. 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 24 April 1991. 3. There is no evidence in the applicant's official military personnel file that shows he deployed with his unit. 4. Evidence shows the applicant served in Korea for the period 21 September 1993 to 15 September 1994 5. On 23 April 1995, the applicant was honorably released from active duty (REFRAD). He completed 4 years of net active service during this period. Item 12f (Foreign Service) of his DD Form 214 show he performed 11 months and 25 days of foreign service. His DD Form 214 does not show he was awarded the Korea Defense Service Medal (KDSM). REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribes 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: a. For block 18 (Remarks), use this block for Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized), and 14 (Military Education). b. 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)." 2. Army Regulation 635-5 does not provide for listing permanent change of station (PCS) moves on the DD Form 214. 3. Army Regulation 600-8-22 (Military Awards) states the 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 contends his foreign service tour in Korea at Camp Red Cloud Army Base should be reflected on his DD Form 214. 2. The Army regulation governing the preparation of separation documents at the time of his REFRAD only provides for annotating deployed service on a Soldier's DD Form 214. There is no evidence he deployed to this location. His tour of duty was not a deployment, but rather a PCS move. There is no regulatory basis for documenting PCS assignments on the DD Form 214. 3. The evidence shows the applicant completed a period of qualifying service in Korea for award of the KDSM, 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) AR20170006166 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170006166 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2