BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100029542 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Korean service. 2. The applicant states his DD Form 214 issued upon his discharge from active duty does not reflect his 12 months service in Korea as listed on his DA Form 20 (Enlisted Qualification Record). 3. The applicant provides copies of his: * DD Form 214 * DA Form 20 * DA Form 24 (Service Record) CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military record shows he was inducted into the Army of the United States and entered active duty on 10 June 1959. He held military occupational specialty 721.10 (Communications Center Specialist). 3. His DA Form 20 shows he completed 1 year of service in Korea between the period 14 November 1959 and 29 November 1960. 4. On 12 May 1961, the applicant was honorably released from active duty. The DD Form 214 issued at that time shows he completed 1 year, 11 months, and 3 days of active creditable service. 5. Item 24 (Foreign and/or Sea Service) and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 both contain the entry "NONE." 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing the DD Form 214. It states to enter the total amount of foreign service completed during the period covered by the DD Form 214. It stipulates that the information entered in item 24c will be obtained from the Personnel Qualification Record. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Korea Defense Service Medal (KDSM). It states it is authorized 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 from 28 July 1954 to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to document his 12 months foreign service in Korea. 2. The applicant's DA Form 20 confirms he completed of 1 year and 16 days of service in Korea. Based on this service, his DD Form 214 should be corrected to show the entry "1 0 16" in item 24c and the KDSM in item 26. BOARD VOTE: ___x_____ ____x____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. amending his DD Form 214 to: * delete the entry in item 24c and replace it with the entry "1 0 16" * add the Korea Defense Service Medal in item 26 b. issuing him a correction to his DD Form 214 to reflect these changes. _______ _ 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. ABCMR Record of Proceedings (cont) AR20100029542 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100029542 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1