RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070007489 


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


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 item 30 (Remarks), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he served in Vietnam.  He also requests that he be awarded all awards and decorations to which he is entitled.

2.  The applicant states, in effect, that he needs proof of his service in Vietnam because he needs special medical care. 

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

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 complete records for his period of service from 14 April 1969 to 5 April 1971 are unavailable for review.  

3.  The applicant's record shows he was inducted in the Army of the United States on 14 April 1969.  He was trained as a light weapons infantryman in military occupational specialty (MOS), 11B.  

4.  The applicant served in Korea from 26 October 1970 to 2 March 1971.  He was promoted to sergeant (SGT/E-5) effective 10 November 1970.  He continued to serve until he was honorably released from active duty on 5 April 1971.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training).  



5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16).  His DD Form 214 does not show any additional awards.

6.  The applicant was honorably discharged from the USAR on 13 April 1971.  He enlisted in the USAR on 14 April 1971 for 4 years.  He was promoted to master sergeant (MSG/E-8) effective 9 May 1990.  He served until he was honorably discharged on 30 April 1998.  He was placed on the Retired List effective 5 June 2004.   

7.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel Qualification Record - Part II), shows that he served in FEPA (Far East Pacific Area)-Korea from 26 October 1970 to 2 March 1971, for a total of 7 months.

8.  Item 22c (Foreign and/or Sea Service), of his DD Form 214, shows the entry "USARPAC (United States Army Pacific Command) 0 7 5" (7 months and 5 days).  Item 30 (Remarks), shows the entry, "VN (Vietnam) SERVICE:  None."

9.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 30 (Remarks) is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for other blocks.  Department of the Army issued guidance to report service in Vietnam, Indochina, and Korea in item 30 (Remarks) of the DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states that 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 area of eligibility and period of eligibility are as follows:  
(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; (2)  all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

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, or meet the following criteria:  (1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2)  wounded or injured in the line of duty and required medical evacuation from the area of 

eligibility, or; (3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entry in item 30, of his DD Form 214, should show his service in Vietnam.  The evidence shows that he completed 7 months and 5 days of foreign service.  His DA Form 2-1 shows that he completed 7 months of foreign service in Korea from 26 October 1970 to 2 March 1971.

2.  There is no evidence in the available records, and the applicant has provided none, to show that he served in Vietnam while serving on active duty.  Therefore, he is not entitled to correction of item 30, of his DD Form 214, to show that he served in Vietnam.   

3.  The applicant served in Korea during the qualifying period for award of the Korea Defense Service Medal.  He is entitled to this award and to have it added to his DD Form 214.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS___  __RSV__  __SWF__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show his service in Vietnam in item 30 of his DD Form 214.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Korea Defense Service Medal and adding this award to the applicant's DD Form 214.




_____Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR20070007489
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071025
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710405
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.