IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20170009294 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20170009294 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea. 2. The applicant states he served in the demilitarized zone in the Republic of Korea from December 1983 to March 1985 with 1st Battalion, 38th Infantry and this service is not shown on his DD Form 214. He is seeking membership in his local Veterans of Foreign Wars post and requires proof of eligibility. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * two DA Forms 4980-18 (Army Achievement Medal Certificates) dated 31 October 1983 and 15 January 1985 * The Imjin Scout Insignia Certificate for the period ending 26 November 1984 * JK Form 141 (Medical Clearance for CONUS Returnees), dated 21 March 1985 * DD Form 1252 (United States Customs Declaration for Personal Property Shipments), dated 28 March 1985 * HJF-04-02 (Household Good Descriptive Inventory), dated 22 March 1985 * DD Form 214 for the period ending 28 March 1985 * DA Form 256A (Honorable Discharge Certificate) for the period ending 16 May 1988 * partial pamphlet showing from 1976 to 1994 deaths of American personnel in Korean demilitarized zone * 2013 Memorandum to Applicant – Failure to Exhaust for Combat Infantryman Badge 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * Orders 79-2, dated 21 March 1985 * DD Form 214 for the period ending 28 March 1985 REFERENCES: 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, stated the purpose of a separation form was to provide the Soldier with documentary evidence of his military service. It is a vital record for interested Government agencies which assist the Veteran in obtaining the rights and benefits to which he or she is entitled. The separation form was issued to each Soldier who was discharged, retired, or relieved from active duty. At the time, there was no requirement to record the location of foreign service on the DD Form 214. 4. Army Regulation 600-8-22 (Military Awards) provides for award of the Korea Defense Service Medal (KDSM). This medal was authorized by Section 543 of the National Defense Authorization Act of 2003. It is authorized for award to Servicemembers of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility includes all the land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Servicemembers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. DISCUSSION: 1. While 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 1 April 1982. 3. The applicant provided and his record contains DA Form 4890-18 showing he served in the demilitarized zone on a security mission with 1st Battalion, 38th Infantry. The date of the award is 15 January 1985. 4. The applicant resubmitted documents from a previous application showing – * he was medically cleared to return to the United States effective 21 March 1985 from Camp Casey, Korea * reassignment orders from 1st Battalion, 38th Infantry to the United States Army Transfer Point Oakland Army Base, Oakland, CA with a report date of no later than 31 March 1985 * an article showing a limited time line of hostile deaths in the demilitarized zone of Korea including 23 November 1984 when 43 Soldiers were engaged by North Korean soldiers * household goods inventory form showing he had household items shipped from 1st Battalion, 38th Infantry in Korea to Illinois and they were inspected by a customs agent in Korea * a unit certificate showing he served in the demilitarized zone of Korea from 19 September to 26 November 1984 5. On 28 March 1985 he was honorably released from active duty due to the expiration of his term of service. He had served 2 years, 11 months and 28 days of which 1 year, 3 months and 14 days was credited as foreign service. (At the time, there was no requirement to enter the location of the foreign service on the DD Form 214.) 6. The KDSM is authorized for service members who served in Korea from 28 July 1954 to a date to be determined by the Secretary of Defense. The minimum period of service in Korea to be eligible for this medal is 30 consecutive days. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170009294 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2