ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2021 DOCKET NUMBER: AR20200009357 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in Korea * award of the Korea Defense Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 served in South Korea in support of the defense of South Korea state for 11 months and 27days. He is requesting to be awarded the Korean Defense Service Medal which was established in 2002 and is awarded retroactively. He has a DD Form 214 that shows no reference to his service while in South Korea or the South Korean Demilitarized Zone as a DMZ Military Police person. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 24 March 1981 will be administratively corrected without Board action to show award of: * Korea Defense Service Medal * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar 4. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 7 December 1978 and held military occupational specialty 11B (Infantryman). b. Following completion of MOS training, he served in Korea in a permanent change of station, from 19 March 1979 to 15 March 1980, a period of 11 months and 27 days. He was assigned to Company C, 1st Engineer Battalion, 17th Infantry, 2nd Infantry Division. c. His DA Form 2-1 (Personnel Qualification Record) shows he qualified Marksman with the M-16 rifle and Expert with the Hand Grenade. d. He was honorably released from active duty on 24 March 1981 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. His DD Form 214 shows he completed 2 years, 3 months, and 18 days of active service. It also shows in: * Block 12f (Foreign Service), 11 months and 27 days * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Marksman [Marksmanship] Qualification Badge with Rifle Bar (M-16) 5. By regulation (AR 635-5), in effect then, Block 12f, enter the total amount of active duty outside the continental limits of the United States for the period covered by the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. There is no provision in the governing regulation to list assignment from one unit to another or service in the DMZ on this form. The applicant may use this Record of Proceedings to confirm his service in Korea BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was/was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant served in Korea as a permanent change of station. Therefore, his DD Form 214 accurately shows the foreign service listed, without an entry in the Remarks section of the form. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 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): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * Korea Defense Service Medal * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-2 (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 to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 12f lists the total foreign service completed outside continental United States during the period covered by the DD Form 214. //NOTHING FOLLOWS//