ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 September 2019 DOCKET NUMBER: AR20190010651 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect: * foreign service credit in Korea (92 days) * award of the Korean Defense Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4187-E (Personnel Action) * DA Form 1695 (Oath of Extension of Enlistment) dated 21 May 1990 * DFAS Form 702 (Leave and Earnings Statement) dated 1-30 June 1990 * DD Form 214 dated 27 June 1992 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: * there were no orders cut for her to go overseas for this exercise while assigned to A Co. 29th Signal Battalion, Fort Lewis, WA * she went both advance and trail party for a total of 92 days * during that same year, she did a permanent change of station to Panama and then was released from active duty two years later * as a young Soldier, she did not realize the importance of having the Korean service on her military records * without it being added on her DD Form 214, she is not authorized to wear the medal * she reached out to the Human Resources Command for her records covering that time period and they were unavailable * she was able to get the Defense Finance and Accounting Services (DFAS) to send her the Leave and Earning Statements from the same year she was in Korea * she is currently in the military and authorized to wear the Korean [Defense] Service Medal as well as have Veterans of Foreign Wars membership based on the short tour 3. The applicant provides: * DA Form 4187-E (Personnel Action) - Request for Advancement dated 21 May 1990 – reflecting proof of assignment to Fort Lewis, WA * DA Form 1695 (Oath of Extension of Enlistment) dated 21 May 1990 - reflecting extension to meet the requirement for an overseas tour to Panama * DFAS Form 702 (Leave and Earnings Statement) dated 1-30 June 1990 - reflecting differential pay for overseas pay * DD Form 214 (Certificate of Release or Discharge from Active Duty) – reflecting active duty time 4. A review of the applicant’s service record shows that she enlisted into the Army on 8 March 1989. Reflected on her DA Form 2-1 (Personnel Qualification Record) is service in: * Ft Lewis, WA – 12 July 1989 through 12 December 1990 (1 year, 5 months) * Ft Clayton, Panama – 13 December 1990 through 8 June 1992 (1 year, 5 months, 28 days) 5. The applicant did not provide nor does a review of her records reflect orders for Korea. 6. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states 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. 7. Army Regulation (AR) 672-5-1 (Decorations, Awards, and Honors – Military Awards) states that The Korean Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003, PL 107–314. It is authorized for award to Service 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. Service members must have been assigned, attached, or mobilized to units operating in the area for 30 consecutive or for 60 nonconsecutive days. 8. AR 635-5 (Personnel Separations – Separation Documents) states that item 11 of the DD Form 214 will contain the last duty assignment and the major command to which the Soldier was assigned. Foreign Service will be reflective of the total active duty time spent outside the continental United States for the period being covered on the form and the location of the last overseas theater in which service was performed. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her unit of assignment, her LES showing overseas pay differential for Feb, Mar and Apr 90 and the dates of Operation Team Spirit in 1990. The Board found, by a preponderance of evidence, that the applicant did deploy to Korea and was authorized overseas tour credit and award of the Korea Defense Service Medal. The Board determined a correction to her D Form 214 was required to correct an error. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Awarding the applicant the Korea Defense Service Medal for service in Korea in 1990 and; - Amending the applicant’s DD Form 214 for the period of service ending 27 June 1992 as follows: o In item 12f (Record of Service – Foreign Service) – 01 [years], 8 [months], 01 [days] vice 01 06 04 and; o In item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons…) – add “Korea Defense Service Medal”. 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) 15-185 (ABCMR) paragraph 2-9 states 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 (AR) 672-5-1 (Decorations, Awards, and Honors –The Korean Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003, PL 107–314. It is authorized for award to Service 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. Service members must have been assigned, attached, or mobilized to units operating in the area for 30 consecutive or for 60 nonconsecutive days. 4. AR 635-5 (Personnel Separations – Separation Documents) states that item 11 of the DD Form 214 will contain the last duty assignment and the major command to which the Soldier was assigned. Foreign Service will be reflective of the total active duty time spent outside the continental United States for the period being covered on the form and the location of the last overseas theater in which service was performed. ABCMR Record of Proceedings (cont) AR20190010651 2 1