IN THE CASE OF: BOARD DATE: 9 November 2023 DOCKET NUMBER: AR20230004423 APPLICANT REQUESTS: in effect, correction of his record to show in: * Item 12f (Foreign Service) “0001 00 00” for his time and service in Korea * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that he received the Korea Defense Service Medal (KDSM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 March 2014 * Department of Veterans Affairs Support of Claim document 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 spent 12 months in Korea and his DD Form 214 does not reflect his overseas service and he would like this document corrected. Although he does not have orders that sent him or returning to Korea, he served there. He believes his orders are located at the National Archives. 3. A review of the applicant's available records shows: a. On 9 September 2010, he enlisted in the Regular Army for a period of 3 years and 27 weeks. b. Section IX (Assignment Information) on his Enlisted Record Brief shows he was assigned to a unit at Camp Carrol, Korea (location code “KS”), from on or about 1 November 2011 through on or about 9 April 2012, a period of 6 months and 9 days. c. His DD Form 214 shows he was honorably released from active duty upon completion of his required active service on 17 March 2014. He completed 3 years, 6 months, and 9 days of net service this period. This document also reflects in: * Item 12f (Foreign Service): “0000 00 00” * Item 13: does not reflect he was awarded the KDSM 4. The applicant’s service record does not show nor does he provide any documentation or orders to show he served in Korea for 12 months. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. 2. The Board found the applicant is authorized the Korea Defense Service Medal based on his 6 months and 9 days of service at Camp Carrol. The Board determined this medal should be added to his DD Form 214. 3. The Board found no evidence indicating the applicant service in Korea for 12 months but determined the evidence does support correction of his DD Form 214 to reflect his 6 months and 9 days of foreign service. 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 amending his DD Form 214 by adding to: * Item 12f – 0000 06 09 * Item 13 – Korea Defense Service Medal 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 any relief in excess of that described 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. REFERENCES: 1. Title 10, United States 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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 635-5 (Separations Documents), in effect at the time, prescribed the separation documents that would be furnished each individual who is separated from the Army. It established standardized procedures for the preparation and distribution of these documents. All available records would be used as a basis for the preparation of the DD Form 214, including DA Form 2-1, and orders. a. A DD Form 214 would be furnished at the time of separation to each member of the Regular Army. b. In item 12f enter total active duty service outside continental limits of the United States for the period covered by the DD Form 214 in which service was performed. c. In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – list all federally recognized awards and decorations for all periods of service. Do not use abbreviations. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The KDSM 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: * 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 * The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense * 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 /NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004423 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1