ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20190006138 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), to show: * her deployment to Tbilisi, Georgia * her deployment to Yongson, Korea * her cumulative foreign service in Germany and Korea * award of the Korea Defense Service Medal (KDSM) * her combat pay APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 337-001, Headquarters (HQ), U. S. Army Signal Center and Fort Gordon, dated 3 December 2002 * Memorandum, HQ, 5th Signal Command, Germany, dated 10 January 2003 * Memorandum, HQ, 72d Signal Battalion, Germany, dated 14 January 2003 * Orders 224-14, HQ, 5th Signal Command, dated 12 August 2003 * Orders 027-04, HQ, 5th Signal Command, undated * Certificate of Completion, Combat Life Saver Course, Republic of Georgia * Certificate of Participation, Georgian Train & Equip Program (GTEP), dated 12 December 2003 * Certificate of Participation, GTEP, dated 23 April 2004 * Certificate for Outstanding Contributions, GTEP Task Force, dated 21 April 2004 * Officer Record Brief, dated 10 February 2005 * Orders 059-00044, U. S. Army Intelligence Center and Fort Huachuca, dated 28 February 2007 * Orders Number 088-003, 1st Replacement Company, 8th U. S. Army, Korea, dated 29 March 2007 * Certificate of Achievement, Korea Battle Simulation Center, dated 30 August 2007 * Memorandum, 275th Signal Company, Korea, dated 5 March 2008 * Memorandum, 21st Signal Brigade, Fort Detrick, MD, dated 12 November 2008 * DA Form 4187 (Personnel Action), dated 20 October 2008 * DD Form 214, ending on 1 March 2011 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, in effect, that her DD Form 214 does not reflect her combat pay, her foreign service in Germany and Korea, or a Korea Defense Service Medal. She further contends that she deployed to Tbilisi, Georgia and Yongsan, Korea while serving on active duty; however, these locations are not listed on her DD Form 214. 3. On 22 May 2002, the applicant enlisted in the Regular Army. 4. In reference to her overseas assignment and temporary duty (TDY) in Germany the applicant provides: a. Permanent Change of Station (PCS) Orders 337-001, dated 3 December 2002, published by HQ, U. S. Army Signal Center and Fort Gordon, Fort Gordon, GA, which reassigned her to Germany with a reporting date of 12 January 2003. She was subsequently assigned to Headquarters and Headquarters Company (HHC), 268th Signal Company, Germany, on 10 January 2003. b. TDY Orders 224-14, dated 12 August 2003, published by HQ, 5th Signal Company, Germany, which directed her to perform 179 days of TDY in support of GTEP beginning on 31 August 2003. On 12 December 2003, she received a GTEP Certificate of Participation. c. TDY Orders 027-04, undated, published by HQ, 5th Signal Company, Germany. These orders directed her to perform TDY in support of GTEP for a period of 179 days beginning on 6 January 2004. On 23 April 2004, she received a GTEP Certificate of Participation. d. Section I and Section IX (Assignment Information) of her Enlisted Record Brief (ERB), dated 10 February 2005, which shows she completed 12 months in Germany. Her Date Return from Overseas (DROS) is blank and her Date of Expected Return from Overseas (DEROS) shows 28 February 2005. 5. The applicant reenlisted on 21 March 2005. At the time of her reenlistment she was assigned to Company C, 72nd Signal Battalion, Germany. 6. In reference to her overseas assignment in Korea the applicant provides: a. PCS Orders 059-00044, dated 28 February 2007, published by the U. S. Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ, which reassigned her to Korea with a reporting date of 5 April 2007. These orders are also filed in her Official Military Personnel File (OMPF). b. Orders Number 088-003, dated 29 March 2007, published by the 1st Replacement Company, 8th U.S. Army, Korea, which assigned her to the 275th Signal Company, effective 5 April 2007. c. A recommendation for the Certificate of Achievement, dated 5 March 2008, for her outstanding achievement and excellence while assigned as a cable system installer with the 275th Signal Company, Korea. 7. In addition, the applicant provided a copy of a DA Form 4187, which shows her name was changed from R to W, effective 12 November 2008. 8. On 1 March 2011, she was honorably discharged. Her DD Form 214 shows in: * Item 12f (Foreign Service) – no overseas service * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Superior Unit Award (ASUA) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Noncommissioned Officer professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Item 18 (Remarks) no deployments in support of an approved operation 9. The 275th Signal Company, Korea, is the only one of the applicant's units to be award the ASUA during her period of assignment. The 275th Signal Company was cited in HQDA General Orders Number 2014-04, dated 21 May 2014, for the period 1 January 2007 to 31 December 2007. 10. The Defense Finance and Accounting Service (DFAS) confirmed the applicant's foreign service in Germany from 1 September 2003 to 30 April 2004 (8 months). There are no pay records reflecting the receipt of hazardous duty/combat pay or her foreign service in Korea. 11. The applicant's military personnel and pay records contain several inconsistencies pertaining to her foreign service which include, the period of her foreign service in Germany, and her overall foreign service in Korea for which there are military orders but no pay history. 12. Additional inconsistencies are shown on her DD Form 214. This document shows she was awarded the Overseas Service Ribbon but does not show foreign service in item 12f. 13. Applicable regulatory guidance prescribes: a. All foreign service completed during the period covered by the DD Form 214 will be entered in item 12f (Foreign Service). This information with be taken from the ERB. b. Deployment information will be entered in item 18 of the DD Form 214. TDY performed for training purposes and not in support of an approved military operation is not considered a deployment. c. Individuals who have served on active duty in support of the defense of the Republic of Korea on or after 28 July 1954 to a date to be determined are eligible for the KDSM. d. Overseas Service Ribbon is awarded for successful completion of overseas tours. e. No provision to enter combat pay on the DD Form 214. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting document and evidence in the records. The Board considered the applicants statement, her record of service, the orders in her records, the entries on her Enlisted Record Brief pertaining to foreign service and units of assignment, her awards and certificates and available Defense Finance and Accounting Service Records information. The Board considered the inconsistencies on the applicant’s DD Form 214 with other documents in her records and the criteria for the KDSM. The Board found that locations for temporary duty was not appropriate for inclusion on DD Forms 214. The Board found sufficient evidence to determine that the applicant served overseas in both Germany and Korea and that her foreign service should be documented on her DD Form 214. Based on her service in Korea, the Board determined that the applicant was eligible for award of the Korea Defense Service Medal. Based on a preponderance of evidence, the Board determined that corrections to the applicant’s DD Form 214 were appropriate. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending the DD Form 214 for the period of service ending 1 March 2011 as follows: - item 12 (Record of Service) f. (Foreign Service) – 0003 0000 0000, and; - item 13. (DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) – Add “Korea Defense Service Medal (KDSM).” 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 corrections other than those listed above. 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): Not Applicable ? 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 (AR) 600-8-22 (Military Awards) states: a. 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 3. AR 600-8-104 (Army Military Human Resource Record Management) states that assignment history displayed on the Enlisted Record Brief starts with the arrival at the first permanent duty station. Subsequent entries include all permanent change of station assignments and permanent change of station assignments to school. Official source documents include permanent change of station orders and awards, and evaluations. 4. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. These instructions state: a. The DD Form 214 will be prepared using the Enlisted Record Brief, Officer Record Brief, separation documents, and any other document authorized for filing in the Official Military Personnel File. b. The total amount of foreign service completed during the period covered will be entered in block 12c (Foreign Service). c. The statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD) will be entered to block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service. d. Disability and severance pay will be recorded in block 18 (Remarks). There is no provision to include combat pay on the DD Form 214. ABCMR Record of Proceedings (cont) AR20190006138 5 1