ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20170014735 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show combat service in South Korea. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Department of Veterans Affairs (VA) Letter 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 stationed in South Korea, which is a combat zone from July 1977 to September 1978, June 1990 to March 1991 and November 1993 to November 1994. He is a disabled veteran. His DD Form 214 does not reflect the accurate information and he needs it corrected. 3. The applicant provides a letter from the VA showing that he is rated at 90% for a service-connected disability. 4. A review of the applicant’s records shows the following: a. He enlisted in the Regular Army (RA) on 10 June 1975. He served in Korea from 14 July 1977 to 4 August 1978 (a period of 1 year and 21 days). He was honorably released from active duty on 7 August 1978. His DD Form 214 shows he completed 3 years, 1 month, and 28 days of active service with 1 year and 21 days of foreign service. b. After a break in service, he enlisted in the RA on 3 April 1979. c. He served in Korea for permanent change of station (PCS), not deployments from 18 January 1990 to 17 May 1991 (a period of 1 year and 4 months) and from 27 November 1993 to 22 November 1994 (a period of 11 months and 27 days), for a combined period of 2 years, 3 months and 26 days. d. He was retired from active duty on 31 May 1997. His DD Form 214 shows he completed 18 years, 1 month, and 28 days of active service, with 2 years, 3 months, and 26 days of foreign service. 5. Regulatory guidance (effective 15 September 2000), required an entry in item 18 of the DD Form 214 for a Soldier deployed with his/her unit. 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).” BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the available service records, and applicable regulations, policies and guidance. 1. The applicant served multiple tours in the Republic of Korea: 14 July 1977 to 4 August 1978, 18 January 1990 to 17 May 199, and from 27 November 1993 to 22 November 1994. These assignments were permanent changes of station (PCS), not combat deployments and are appropriately reflected in the Foreign Service block of his DD Form 214s. Therefore the Board denies the applicant’s request to amend his DD Form 214 to show combat service in Korea. 2. Army Regulation 600-8-22 (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. In reviewing the applicant’s file the Board found the applicant is entitles to this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 (Report of Separation from Active Duty) block 26 (Decorations, Medal Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to reflect Korean Defense Service Medal (KDSM). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION ___________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. ADMINISTRATIVE NOTE(S): Correct Department of the Army records of the individual concerned be by amending the applicant's DD Form 214 (Report of Separation from Active Duty) block 26 (Decorations, Medal Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to reflect Korean Defense Service Medal (KDSM). 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 635-8 (Separation Documents), currently in effect, requires a statement in item 18 (Remarks) to show for an active duty Soldier deployed with his/her unit during their continuous period of active service the entry: “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD).” 3. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003. It 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. The area of eligibility and period of eligibility are as follows: (1) The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas. (2) The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. Criteria. 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. ABCMR Record of Proceedings (cont) AR20170014735 4 1