ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20170007268


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) by adding,

*	Korean Defense Service Medal (KDSM)
*	private first class (PFC/E3)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149s (Application for Correction of Military Records)
*	character letter
*	statement of retirement points
*	record of individual performance of reserve duty training
*	leave and earnings statement
*	Human Resources Command (HRC) letter
*	DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge 
from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.  

2.  The applicant states he was recently awarded the KDSM and would like for it to be 
added to his DD Form 214.  In addition, he would like for his pay grade to be changed 
from PV2/E-2 to PFC/E-3.

3.  The applicant provides:

	a.  On 12 September 1989, 2nd Lieutenant DTW wrote a character letter for the 
applicant.  He states that the applicant is a member of the 226th Transportation.  He is a 
diligent, hardworking Soldier, whose attitude, and personality motivates others.  He is a 
credit to his unit and the U.S. Army.
	b.  His statement of retirement points, dated 1 October 1989, shows his rank as 
PFC.

	c.  His record of individual performance of reserve duty training, dated 19 November 
1989, shows his rank as PFC.

	d.  His leave and earnings statement, dated 1-31 March 1990, shows his pay grade 
as E-3.

	e.  A letter from the Awards and Decorations Branch, HRC, dated 31 March 2016, 
states that he was entitled to the KDSM and issued a DD Form 215.

4.  A review of the applicant’s service record shows:

	a.  His DD Form 214 shows he enlisted in the Regular Army on 8 October 1985.

	b.  His DA Form 2-1 (Personnel Qualification Record), reviewed by him on 
12 August 1990, section III (Service, Training, and Other Dates), item 18 (Appointments 
and Reductions), shows he was reduced from PFC to private E2 (PV2) on 16 August 
1988.

	c.  His DD Form 214 shows he was honorably discharged on 7 October 1988 from 
active service and transferred to the U.S. Army Reserves (USAR) Control Group 
(Reinforcement), Army Reserve Personnel Center, St. Louis, MO.  He completed 3 
years of active duty.  His DD Form 214 also shows he was awarded or authorized the 
Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification 
Badge (M16) and an Expert Marksmanship Qualification Badge (Hand Grenade).  In 
addition, his DD Form 214 shows in:

*	items 4a (Grade, Rate, or Rank) and 4b (Pay Grade), PV2 and E-2
*	item 12h (Effective Date of Pay Grade), 88 08 16

	d.  On 20 November 1988, he was released from the USAR Control Group 
(Reinforcement) and assigned to the 226th Transportation Company (Co).

	e.  DA Form 4187 (Personnel Action), dated 5 August 1989, produced by 226th 
Transportation Co (RE), promoted him to PFC effective 1 July 1989.

	f.  On 19 October 1993 he was honorably discharged from the USAR in the rank of 
PFC.

5.  After review of documentation and resources available, the Awards and Decorations 
Branch, HRC, wrote a letter to the applicant, dated 31 March 2016, stating that he was 
entitled to the KDSM and issued a DD Form 215.

6.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty.  It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge.  The information entered thereon reflects the conditions 
as they existed at the time of separation.  The instructions for completing the DD Form 
214 stated: 

*	items 6a and 6b enter the active duty grade and pay grade held at the time of 
separation
*	item 12h enter the date of rank for the grade in item 6a 

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  

HRC confirmed the applicant is authorized the KDSM and added the award to the 
applicant's DD Form 214 by issuing a DD Form 215.  No further action is required.  The 
applicant is advised that he should attach the DD Form 215 to his DD Form 214 as 
evidence that he is authorized the KDSM.

The applicant was serving as a PV2/E2 at the time of his release from active duty in 
1988.  The DD Form 214 is intended to reflect the conditions that exist at the time of a 
Soldier's release from active duty.  Although he was advanced to PFC/E3 in 1989, this 
is not a basis for changing the rank and grade shown on his DD Form 214.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

	  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at 
the time, prescribed the separation documents that must be prepared for Soldiers on 
retirement, discharge, or release from active duty service or control of the Active Army.  
It establishes standardized policy for preparing and distributing the DD Form 214.  
Section III - Instructions for preparation and distribution of the Armed Forces of the 
United States (U.S.) report of transfer or discharge (DD Form 214).  All available 
records will be used as a basis for the preparation of DD Form 214WS (Worksheet), 
including DA Form 2-1 (Enlisted Qualification Record), DA Form 66 (Officer 
Qualification Record), and orders.  It states for:

*	items 6a and 6b enter the active duty grade and pay grade held at the time of 
separation
*	item 12h enter the date of rank for the grade in item 6a 

ABCMR Record of Proceedings (cont)	AR20170007268

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