IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220006973 APPLICANT REQUESTS: the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 4a (Grade, Rate or Rank) to show First Sergeant (1SG) in lieu of Master Sergeant (MSG) * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) ADD: Armed Forces Expeditionary Medal * Item 18 (Remarks) ADD: served in Korea APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2-1 (Personnel Qualification Record) * DD Form 214 * Orders 76-257 * Standard Form (SF) 180 (Request Pertaining to Military Record) 180, 20 December 2019 * SF 180 (undated) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 needs the corrections to allow for update to planned funeral arrangements. 3. The applicant enlisted in the Regular Army on 27 July 1968. Through a series of reenlistments, he remained on active duty in the Army. 4. The applicant’s DA Form 2-1 shows he served in Korea from 11 September 1970 to 28 October 1971. He was awarded the Armed Forces Expeditionary Medal for his service in Korea. 5. The applicant’s DA Form 2-1 also shows he was appointed as a 1SG effective 30 January 1984. He served as a unit 1SG from around 1 February 1983 to around 4 February 2005. 6. Upon completion of his 1SG duties, he as reassigned to an MSG position withing the 13th Support Command at Fort Hood from around April 1986 to around May 1987. He was then reassigned to Company E, 708th Support Battalion in Germany, as an MSG, performing duties of Repair Control Supervisor. 7. Orders 76-257, issued by 520th Personnel Service Company, Germany, and listing his grade as MSG on the standard name line, placed the applicant on the Retired List effective 31 August 1989 in the retired grade of rank of 1SG. 7. The applicant was honorably retired from service on 31 August 1989. His DD Form 214 shows his rank as MSG/E-8 and his Effective Date of Rank as 19 October 1983. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The applicant served in Korea on a permanent change of station (PCS) from 11 September 1970 to 28 October 1971. Unlike deployments to a combat zone, PCS moves are not listed on the DD Form 214, the length of the foreign service is recorded in the Foreign Service block of the DD Form 214. However, based his service in Korea, he qualifies for award of the Korea Defense Service Medal, as well as adding his already-awarded Armed Forces Expeditionary Medal to his DD Form 214. b. The applicant was appointed as a 1SG effective 30 January 1984. He also served as a unit 1SG from around March 1984 to around February 1986. However, he was then reassigned to an MSG position, initially at Fort Hood in April 1986 and then in Germany, from June 1987 until retirement. When he retired and his DD Form 214 was prepared, he was not a 1SG, he was a MSG. The DD Form 214 reflects the grade held at the time of separation. The retirement orders would shows the highest grade satisfactorily held (in his case 1SG) while eth DD Form 214 shows the grade held ta time of separation (in his case MSG). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X 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 adding to his DD Firm 214 the Korea Defense Service Medal and Armed Forces Expeditionary Medal. 2. The Board further determined that 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 changing the grade shown on his DD Form 214 to 1SG and/or listing his service in Korea on his DD Form 214. 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. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Paragraph 2-8 Use the remarks section for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their blocks. When completing a long entry, place the item number before the rest of the comment. 3. AR 635-8 (Personnel Separations - Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. This regulation ex-plains separation document preparation, distribution, correction, and transition processing specific to the Disability Evaluation System. It also implements Department of Defense Instruction 1336.01. Paragraph 5-6.r(2)(g) states for block 18: For RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following three statements in 1, 2, and 3, below in succession. For RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and stationed in CONUS enter statements in 1 and 3, below. For active duty Soldiers, list any/all OCONUS deployments completed during the period of the DD Form 214 being created in statement 2, below. a. “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section).” b. “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” c. “SOLDIER HAS/HAS NOT COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST–SERVICE BENEFITS AND ENTITLEMENTS.” 4. AR 600-8-22 (Personnel - General - Military Awards), currently in effect, provides Department of the Army policy, criteria and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals and service ribbons, combat and. special skill badges and tabs and unit decorations. It prescribes the policies and procedures concerning foreign dec-, orations and gifts. It states: a. Paragraph 2-13 (Armed Forces Expeditionary Medal) states the AFEM was established by EO 10977, dated 4 December 1961, as amended by EO 10977, 3 May 2000, and may be awarded to Servicemembers of the Armed Forces of the United States who, after 1 July 1958— (1) Participate, or have participated, as members of the U.S. military units in a U.S. military operation in which Servicemembers of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. (2) Encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. b. The AFEM may be authorized for the following three categories of operations: (1) U.S. military operations (see table 2–3) (2) U.S. operations in direct support of the United Nations (UN) (see table 2–4) (3) U.S. operations of assistance for friendly foreign nations (see table 2–5) c. Paragraph 2-22 (Korea Defense Service Medal) states The KDSM was authorized by Section 543, National Defense Authorization Act, 2003, PL 107–314. 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 period of eligibility is 28 July 1954 to a date to be determined by the SECDEF. Servicemembers must have been assigned, attached, or mobilized to units operating in the AOE for 30 consecutive or for 60 nonconsecutive days. Special provisions. Servicemembers qualified for the AFEM by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was authorized subsequently, are eligible for both the AFEM and the KDSM. Award of the KDSM for this time period is a one-time exception to policy to comply with section 543, National Defense Authorization Act, 2003, PL 107–314. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006973 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1