RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050003427


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records
(ABCMR) in the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214, Armed Forces
of the United States Report of Transfer or Discharge, be corrected to
include his service in Korea.

2.  The applicant states, in effect, that his service in Korea is not on
his DD Form 214 and, the VFW (Veterans of Foreign Wars) Club will not
accept his application because of it.  The applicant states he served in
Korea from 1957 to 1958.

3.  The applicant submitted a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on 3
October 1958, the date of his release from active duty.  The application
submitted in this case is dated 24 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records and from other sources.

4.  The evidence shows that the applicant was inducted into the Army of the
United States on 4 October 1956.  He attended and successfully completed
the Basic Army Administration course and was awarded the military
occupational specialty (MOS), 710.00, Clerk.

5.  The applicant was honorably released from active duty on 3 October
1958, at Fort Benjamin Harrison, Indiana, in the rank and pay grade,
Private, E-2, under the provisions of Army Regulation (AR) 635-200 and AR
635-250, at the expiration of his term of service.
6.  Item 24 (Statement of Service), of the DD Form 214 the applicant was
provided at his release from active duty, was not completed in accordance
with Army Regulation (AR) 635-5, which was in force at the time.  This item
was left blank.

7.  The applicant, in his application to the Board, stated that he served
in Korea from 1957 to 1958.  The applicant's service in Korea cannot be
verified, in total.  His reconstructed service personnel records contain
several DA Forms 1, Morning Report.  These reports show the applicant
arrived in Korea and was assigned to Company H, 17th Infantry Regiment,
7th Infantry Division, on 8 April 1957.  The last verifiable date the
applicant was in the unit, as verified through available morning reports,
is 30 September 1957.  The indication given, in the morning report of 30
September 1957, is that the applicant continued his service in Korea
since the entry is not an entry showing him as a departure from his unit
as a reassignment loss.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the Good Conduct Medal.

9.  In the processing of this case, it was determined that by awarding the
applicant credit for his service in Korea, he was entitled to a service
award and a unit citation for this service and, even though the applicant
did not specifically request these awards, it is in the interest of equity
and justice that they be awarded to him in these Proceedings.

10.  While in Korea, the applicant served with the 7th Infantry Division.
Department of the Army Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards, shows that the 7th Infantry Division was awarded the Republic of
Korea Presidential Unit Citation, for the period 17 September 1950 through
27 March 1971, by Department of the Army General Orders (DAGO) Number 50,
dated 1971.  This unit award, awarded by the Republic of Korea, is not
shown on the applicant's DD Form 214 since it was not awarded until after
the applicant had been released from active duty.

11.  The applicant, through his service in Korea, met the criteria for
award of the Korea Defense Service Medal.
12.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) 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;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

13.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:
a) be engaged in actual combat during an armed engagement, regardless of
the time in the area of eligibility;  b) is wounded or injured in the line
of duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served
in operations and exercises conducted in the area of eligibility as long
as the basic time criteria is met.  The message further provided that, due
to extensive time period for the Korea Defense Service Medal eligibility,
the non-consecutive service period for eligibility remains cumulative
throughout the entire period.

14.  AR 635-5, with an effective date 1 October 1979, 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.

15.  The above regulation provided for the entry, in Item 24.a.(1) of the,
"total service completed between the dates shown in item 16 or 19.c. and
11.d of the DD Form 214, as represented by continual and foreign service,
less time lost under Title 10, United States Code, section 972, and time
lost subsequent to normal expiration of term of service."

16.  The above regulation also provided for entry, in Item 24.a.(2) of,
"all prior service, excluding any service shown in item 24.a.(1)."

17.  The completion of Item 24.a.(3) is self-explanatory.  The totals in
lines 24.a.(1) and 24.a.(2) will be added together and the sum will be
entered in this item.

18.  The applicable regulation provided for the entry, in Item 24.b. of
the, "total active service the individual has completed beginning with the
earliest period of active service up to and including current period of
active duty, less any period served in the ARNGUS [Army National Guard of
the United States] or USAR [United States Army Reserve] not on active duty,
and less time lost under Title 10, United States Code, section 972."

19.  The above applicable regulation finally provided for entry, in Item
24.c. of the, "total active duty outside continental limits of the United
States for the period covered by the DD Form 214 and the last overseas
theater service was performed, e.g., 'Foreign and/or Sea Service
(USAREUR),'" in this case, "USARPAC" for the U.S. Army in the Pacific.

20.  AR 15-185 provides Department of the Army policy, criteria and
administrative instructions regarding an applicant's request for
correction of a military record.  This regulation provides, in pertinent
part, that the ABCMR considers individual applications that are properly
brought before it.  In appropriate cases, it directs or recommends
correction of military records to remove an error or injustice.  The
ABCMR will decide cases on the evidence of record.  It is not an
investigative
body.  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.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The regulation that provides policy, criteria and administrative
instructions regarding an applicant's request for correction of a
military record, AR 15-185, specifically states that the ABCMR is not an
investigative body.  Additionally, the ABCMR considers individual
applications and will decide cases based on the evidence of record and
the evidence that is submitted by applicants for consideration.  Just as
the applicant has the burden of proving an error or injustice by a
preponderance of the evidence, the applicant is responsible for providing
the Board with the necessary evidence to make a decision in their behalf.

2.  The total of the applicant's service in Korea is not known.  The
applicant provided no documentary evidence to reflect the date of his
arrival and the date of his departure from Korea.  The applicant's
statement in his request to the Board indicates he served in Korea from
1957 – 1958.

3.  The applicant's verifiable foreign service in Korea, based on morning
reports that are on file in his reconstructed service personnel record,
spans from 8 April 1957 through 30 September 1957.  Item 24.c. (Foreign
and/or Sea Service), of the applicant's DD Form 214, will be corrected to
show he served 00 years, 05 months, and 23 days, in (USARPAC) - Korea.

4.  Even though the applicant did not request that other items in Block 24
be corrected, it is the right and prudent thing to do.  Therefore:

      a.  Item 24.a.(1) (Net Service this Period) will be corrected to show
the applicant completed 2 years, 00 months, and 00 days, net service,
during the period of his induction.

      b.  Item 24.a.(2) (Other Service) will be corrected to show the
applicant completed 00 years, 00 months, and 00 days, other service, during
the period of his induction.

      c.  Item 24.a.(3) (Total (Line(1)+line(2)) will be corrected to show
the applicant completed 2 years, 00 months, and 00 days, total creditable
service for basic pay purposes, during the period of his induction.

      d.  Item 24.b (Total Active Service) will be corrected to show the
applicant completed 2 years, 00 months, and 00 days, total active service,
during the period of his induction.

5.  Even though the applicant did not request review of his awards and
decorations, with correction of his service to show he served in Korea, it
was determined that he was entitled to award of the Korea Defense Service
Medal
and the Republic of Korea Presidential Unit Citation and that it was the
right and prudent thing to award them in these Proceedings.

BOARD VOTE:

_LDS____  _RN____  _RB____  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  correcting Item 24.a.(1) (Net Service this Period) to show he
completed 2 years, 00 months, and 00 days, net service, during the period
of his induction;

      b.  correcting Item 24.a.(2) (Other Service) to show the applicant
completed 00 years, 00 months, and 00 days, other service, during the
period of his induction;

      c.  correcting Item 24.a.(3) (Total (Line(1)+line(2)) to show the
applicant completed 2 years, 00 months, and 00 days, total creditable
service for basic pay purposes, during the period of his induction;

      d.  correcting Item 24.b (Total Active Service) to show the applicant
completed 2 years, 00 months, and 00 days, total active service, during
the period of his induction;

      e.  correcting Item 24.c. (Foreign and/or Sea Service) to show the
applicant completed 00 years, 05 months and 23 days in USARPAC – Korea,
during the period of his induction; and


      f.  awarding the applicant the Korea Defense Service Medal and the
Republic of Korea Presidential Unit Citation and, adding these awards to
the applicant's DD Form 214.




                            ___Linda D. Simmons_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003427                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.   189 |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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